Chapter 11 experts panel: FTB suspension
Posted: Fri Aug 31, 2012 10:50 am
I did some research on the issue of government issued Liquor Licenses. In a
nutshell, the license got reinstated with the filing of the case and the
automatic stay.
Attached are the cases I saved.
You may find some helpful. The Nevada one is amusing.
On Fri, Aug 31, 2012 at 9:42 AM, Michael Avanesian wrote:
> **
>
>
> Assuming youre not worried about criminal consequences of representing a
> suspended corporation, which I do not know much about, my inexperienced
> suggestion is as follows:****
>
> ** **
>
> No jurisdiction / standing issues, like you said, FTB suspension would
> trump reorg, not something congress would be happy with. In this case FTB
> won, but Debtor was planning to liquidate under 11.****
>
> http://www.caeb.uscourts.gov/documents/ ... 6BR731.pdf*
> ***
>
> ** **
>
> If you shepardize it, 116 B.R. 731, Im sure you can find all sorts of
> cases that follow or distinguish. I had limited spare time, and only
> company access to lexis, but google scholaring it gave me:
> http://scholar.google.com/scholar_case? ... &as_sdt2,5
> ****
>
> ** **
>
> The relevant part of this case is at the end of page 617, section 3 --
> entitlement to reinstatement. There, it talks about the Russell decision
> and the AK decision (in AK, the state won because there was a safety issue,
> not a pure collection of money enforcement). Both Feature Homes and
> Bertuccio imply that the bk court has the power to compel reinstatement. I
> didnt look at footnote 47, but it looks promising. ****
>
> ** **
>
> You said all suggestions J Hopefully that helps you in some way. ****
>
> ** **
>
> Sincerely,****
>
> ** **
>
> Michael Avanesian Esq.****
>
> michael@avanesianlaw.com****
>
> 818-817-1725****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Jason Wallach
> *Sent:* Thursday, August 30, 2012 9:35 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Chapter 11 experts panel: FTB suspension****
>
> ** **
>
> ****
>
> Prospective California corporate debtor is currently suspended for failure
> to pay corporate income taxes to FTB.
> Working on a payment plan with FTB but they say they won't "revive" until
> the payment plan is completed. Other creditors threatening, and lawsuits
> pending that need to be stayed.
> Does any one think (or better, have experience) whether, once in Chapter
> 11, debtor in possession can force/compel/order FTB to revive and restore
> to good standing, preconfirmation, either via first day motion or noticed
> motion, 105????
> Problem is that suspended corporation lacks the capacity to even enter
> contracts. And if not, FTB suspension basically trumps reorganization.
> Or different resolution with FTB to allow revivor??
> All suggestions welcome.
> Thanks!
> Jason
>
> Jason Wallach
> jwallach@gladstonemichel.com****
>
> ****
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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I did some research on the issue of government issued Liquor Licenses. In a nutshell, the license got reinstated with the filing of the case and the automatic stay.Attached are the cases I saved.You may find some helpful. The Nevada one is amusing.
On Fri, Aug 31, 2012 at 9:42 AM, Michael Avanesian <michael@avanesianlaw.com> wrote:
Assuming youre not worried about criminal consequences of representing a suspended corporation, which I do not know much about, my inexperienced suggestion is as follows:
No jurisdiction / standing issues, like you said, FTB suspension would trump reorg, not something congress would be happy with. In this case FTB won, but Debtor was planning to liquidate under 11.
http://www.caeb.uscourts.gov/documents/ ... 6BR731.pdf
If you shepardize it, 116 B.R. 731, Im sure you can find all sorts of cases that follow or distinguish. I had limited spare time, and only company access to lexis, but google scholaring it gave me:
The post was migrated from Yahoo.