suspended liquor license
Posted: Wed Jul 18, 2012 10:08 am
My thoughts exactly. In the case I am looking at, it is for nonpayment of
taxes which should fall under the economic discrimination prong.
Has anyone on the listserve dealt with suspended liquor licenses in the bk
context before? If so, care to share your experience?
On Jul 18, 2012 9:12 AM, "Dennis McGoldrick" wrote:
> **
>
>
> Kirk:
>
> The contractors state license board suspends licenses for failure to pay
> judgments. This is an economic discrimination which violates the automatic
> stay.
>
> The ABC suspends licenses under their police power for selling to minors
> and other violations. If the ABC has suspended the license for an economic
> reason, the case you cite may be applicable. If the suspension is for
> selling alcohol to minors, or after hours, or for another "you broke the
> law" cause, the police power has been invoked and there is no automatic
> stay against police powers.
>
> (b) The filing of a petition under section 301
> , 302 , or 303 of
> this title, or of an application under section 5(a)(3) of the Securities
> Investor Protection Act of 1970, does not operate as a stay
> (1) under subsection (a) of this section, of the commencement or
> continuation of a criminal action or proceeding against the debtor;
>
> d
>
> ------------------------------
> *From:* Kirk Brennan
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Tuesday, July 17, 2012 4:23 PM
> *Subject:* Re: [cdcbaa] suspended liquor license
>
>
> Wouldn't this case be on point?:
>
>
> http://www.leagle.com/xmlResult.aspx?xm ... -2007-CURR
>
>
> On Tue, Jul 17, 2012 at 3:49 PM, Dennis wrote:
>
> **
>
> No
>
> Sent from my iPhone
>
> On Jul 17, 2012, at 3:00 PM, Kirk Brennan wrote:
>
>
> Is the ABC (California Department of Alcoholic Beverage Control) required
> to reinstate a suspended liquor license (due to unpaid Board of
> Equalization taxes) upon the filing of a chapter 11 bankruptcy?
>
> Thanks,
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
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> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
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> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
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My thoughts exactly. In the case I am looking at, it is for nonpayment of taxes which should fall under the economic discrimination prong.
Has anyone on the listserve dealt with suspended liquor licenses in the bk context before? If so, care to share your experience?
On Jul 18, 2012 9:12 AM, "Dennis McGoldrick" <easky1@yahoo.com> wrote:
The post was migrated from Yahoo.