U.S. ex rel., Kolbeck v. Point Blank Solutions, Inc.

Va. District Court holds that a qui tam action in which the government does not participate doesn't fall under the "police powers" exception to the Bankruptcy Code's automatic stay provision.

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The District Court holds that because the government declined to "intervene" in the action brought by the qui tam realtor's and thus the action was not "conducted by the Government", see 31 USC 3730, the "police powers exception" to the automatic stay (11 USC 362(b)(4))did not apply. U.S. ex rel., Kolbeck v. Point Blank Solutions, Inc., 08cv1187 (ED Va. 2011).

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Published In: Administrative Agency Updates, Bankruptcy Updates, Civil Procedure Updates, Civil Remedies Updates

Reference Info:Decision | Federal, 4th Circuit, Virginia | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jennifer L. Saffer, J.L. Saffer, P.C. | Attorney Advertising

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