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§ 362(b)(9)

Donis v. Department of Treasury of Puerto Rico

Ruling
Puerto Rico Treasury Department's notice attempting to collect a pre-petition debt was aviolation of the automatic stay. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Exceptions; Tax Related Activities; Assessment.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 27, 2023 , LexisNexis #0124-004

Instituto Medico Del Norte Inc. v. Municipality of Vega Baja (In re Instituto Medico Del Norte Inc.)

Ruling
Municipality's motion to dismiss stay violation proceeding denied where complaint set forth a plausible cause of action.
Issue(s)
Should proceeding for stay violation be dismissed on grounds that creditor municipality's actions were deficiency notifications that were excepted from the automatic stay?

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Commercial opinion summary, case decided on October 05, 2015 , LexisNexis #1115-043

Diwa v. California Franchise Tax Board (In re Diwa)

Ruling
State tax collection letter sent during pendency of chapter 13 plan properly found not to violate stay.
Procedural posture

Appellant bankruptcy debtor filed an adversary proceeding in bankruptcy court alleging that the California Franchise Tax Board ("FTB") violated the bankruptcy code automatic stay by sending the debtor a letter directing that she pay her tax debt. The bankruptcy court granted the FTB's cross-motion for summary judgment on the ground that the letter did not violate the automatic stay. The debtor appealed.

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opinion summary, case decided on May 18, 2007 , LexisNexis #0707-023