Legal Opinion

In Re Smiley

United States Bankruptcy Court, E.D. Pennsylvania

Decided December 5, 1995No. 19-10702PublishedCited by 3 opinions

1Opinion of the Court

OPINION

STEPHEN RASLAVICH, Bankruptcy Judge.

This matter comes before the Court upon the Motion of the Debtor, Ethel G. Smiley, to enjoin Sharon Savings Bank from transferring funds in her bank account to the Internal Revenue Service (“IRS”). At issue is whether the IRS’ post-petition demand for transfer of the Debtor’s funds pursuant to a prepetition notice of levy violates the automatic stay. A hearing on the Motion was held October 2,1995, at which time the Court ordered that the Debtor’s funds remain with Sharon Savings Bank pending resolution of this dispute. The issue has subsequently…

2Cases cited11 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Cross Electric Company, Inc. v. United States of America, in Re Cross Electric Company, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1981
  3. Professional Technical Services, Inc. v. Internal Revenue Service (In Re Professional Technical Services, Inc.)United States Bankruptcy Court, E.D. Missouri · 1987
  4. Brown v. Evanston Bank (In Re Brown)District Court, N.D. Illinois · 1991
  5. Rose v. Commercial National Bank (In Re Rose)United States Bankruptcy Court, E.D. Texas · 1989

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Gouveia v. Internal Revenue Service of the United States (In Re Quality Health Care)United States Bankruptcy Court, N.D. Indiana · 1997
  2. Hunter v. United States (In Re Hunter)United States Bankruptcy Court, E.D. Arkansas · 1996
  3. Hancock Bank v. District Director (In Re Creel)United States Bankruptcy Court, E.D. Louisiana · 1997

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