Can the automatic stay in bankruptcy apply to an administrative hearing? 4 Answers as of August 15, 2017

i.e. dental license is treated as an asset: probationary or disciplinary hearing becomes subject to bankruptcy court ruling

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Except that certain actions are not prohibited by the Automatic Stay. Governmental regulatory activity is one of them. Check 11 USC sec 362(b).
Answer Applies to: Wisconsin
Replied: 8/15/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need a lawyer now. This is not an issue you should fool around with in pro per. Ultimately, the court will grant relief from stay for the disciplinary hearing to proceed.
Answer Applies to: California
Replied: 8/15/2017
Ronald K. Nims LLC | Ronald K. Nims
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.
Answer Applies to: Ohio
Replied: 8/15/2017
OlsenDaines | Rex Daines
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.
Answer Applies to: Oregon
Replied: 8/14/2017
Click to View More Answers: