Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States of America v. Mary Elizabeth Miles

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


September 10, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARY ELIZABETH MILES, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Judge

MELINDA HAAG (CABN 132612) United States Attorney 2 THOMAS MOORE (ALBN 4305-O78T) Chief, Tax Division 3 CYNTHIA STIER (DCBN 423256) MICHAEL G. PITMAN (DCBN 484164) 4 Assistant United States Attorneys, Tax Division 450 Golden Gate Ave., Box 36055 5 San Francisco, CA 94102 Telephone: (415) 436-7000 6 Facsimile: (415) 436-7009 E-Mail: Cynthia.stier@usdoj.gov 7 michael.pitman@usdoj.gov 8 Attorneys for the United States of America

STIPULATION TO STAY CASE AND 14 [PROPOSED] ORDER 15

18 Plaintiff the United States of America ("United States"), and Defendants Mary Elizabeth 19 Miles ("Mary Elizabeth Miles"), Kristina A. Miles-Toland, Patrick Toland, and JPMorgan Chase 20 Bank, N.A. (collectively, the "Parties"), by and through their undersigned counsel, and pursuant 21 to the Court's Order dated September 5, 2012 (Doc. # 72), hereby stipulated as follows: 22 1. The United States filed this action, seeking to reduce to judgment outstanding 23 federal tax assessments against Mary Elizabeth Miles, and to foreclose federal tax liens upon 24 Mary Elizabeth Miles' interest in the Subject Property, which is described in more detail in 1 paragraph 8 of the United States' Complaint, filed on May 28, 2010 (Doc. # 1). 2 2. The United States filed a Motion for Summary Judgment on January 20, 2011 3 (Doc. # 26), which the Court resolved in an Order dated March 30, 2012 (Doc. # 59). The issues 4 left unresolved for the Court's March 30th Order were scheduled for a bench trial on October 9, 5 2012. 6 3. On August 28, 2012, Mary Elizabeth Miles filed a Petition seeking Chapter 13 7 protection in the United States Bankruptcy Court for the Northern District of California, Petition 8 No. 12-32494. 9 4. Mary Elizabeth Miles filed a Notice of Bankruptcy Automatic Stay on August 29, 10 2012 (Doc. 71), asserting that the instant action is subject to the automatic stay provisions of 11 11 U.S.C. § 362. 12 5. In its September 5th Order, the Court ordered the Parties confer as to whether the 13 instant action should be stayed, or whether certain claims should proceed. 14 6. The Parties have conferred and agree that the instant action should be stayed 15 pending further guidance from the Bankruptcy Court. 16 7. The United States represents that it anticipates seeking a determination from the 17 Bankruptcy Court regarding whether the instant action, in whole or in part, is, or should be, 18 subject to the automatic stay provisions of 11 U.S.C. § 362, shortly. 19 8. Accordingly, the Parties hereby jointly request that the Court stay the instant action 20 pending further guidance from the Bankruptcy Court as to whether the instant action, in whole or 21 in part, may proceed without violating the automatic stay provisions of

[PROPOSED] ORDER 16

Pursuant to the Stipulation of the Parties herein, this case is hereby stayed pending further 17 action in the United States Bankruptcy Court with respect to Petition No. 12-32494. The parties 18 are directed to notify this Court within fifteen days of the Bankruptcy Court's determination, if 19 any, that the instant action may proceed, in whole or in part, without violating the automatic stay 20 provisions of 11 U.S.C. § 362. 21 22 SO ORDERED this _____ day of ___________, 2012. 23

20120910

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.