Legal Opinion

In Re North

United States Bankruptcy Court, D. Vermont

Decided March 8, 1991No. 19-10212PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON MOTION FOR SANCTIONS 1

FRANCIS G. CONRAD, Bankruptcy Judge.

Dr. North seeks sanctions 2 against Board for violation of the Bankruptcy Code’s automatic stay because Board refuses to stay its pre-petition administrative Order suspending Dr. North’s Chiropractic license for non-payment of pre-petition state taxes. Thus, we hold Board’s license suspension Order is stayed from taking effect post-petition under 11 U.S.C. §§ 362(a)(1) 3 because the plain purpose of Board’s Order is to comply with Vermont’s Tax Commissioner’s statutory direction to suspend Dr. North's license…

2Cases cited17 opinions

  1. In Re Fidelity Mortgage Investors, Debtor. Fidelity Mortgage Investors, Applicant-Appellee v. Camelia Builders, Inc.Court of Appeals for the Second Circuit · 1977
  2. In Re Ionosphere Clubs, Inc.Court of Appeals for the Second Circuit · 1990
  3. LTV Steel Co. v. Board of Education of the Cleveland City School District (In Re Chateaugay Corp., Reomar, Inc.)District Court, S.D. New York · 1988
  4. Thomassen v. Division of Medical Quality Assurance, Department of Consumer Affairs (In Re Thomassen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981
  5. Beker Industries Corp. v. Florida Land & Water Adjudicatory Commission (In Re Beker Industries Corp.)United States Bankruptcy Court, S.D. New York · 1986

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3Cited by9 opinions

  1. McMullen v. Sevigny (In Re McMullen)Court of Appeals for the First Circuit · 2004
  2. Ball v. A.O. Smith Corp.District Court, N.D. New York · 2005
  3. People Ex Rel. Lockyer v. Pacific Gaming TechnologiesCalifornia Court of Appeal · 2000
  4. E'Chavarrie v. West (In Re West)United States Bankruptcy Court, N.D. Illinois · 1993
  5. In Re Psychotherapy and Counseling Center, Inc.District Court, District of Columbia · 1996

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