QUESTION
Can the automatic stay in bankruptcy apply to an administrative hearing?
Asked on Jun 04th, 2017 on Bankruptcy - Oregon
More details to this question:
i.e. dental license is treated as an asset: probationary or disciplinary hearing becomes subject to bankruptcy court ruling
3 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No. A hearing to determine fitness for a dental license (or other occupational license) isn't an attempt to collect funds, so it's not covered by the bankruptcy stay.
Answered on Aug 15th, 2017 at 7:27 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Except that certain actions are not prohibited by the Automatic Stay. Governmental regulatory activity is one of them. Check 11 USC sec 362(b).
Answered on Aug 15th, 2017 at 7:26 AM
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Probably not. If the hearing is ONLY about you paying something to the state like a fee or a fine or a tax, then the stay should stop the hearing, but if it is related to something else, like your suitability to be a dentist, then the automatic stay will have no effect.
Answered on Aug 14th, 2017 at 12:46 PM