IN RE SCHIMMELS

No. 95-16937.

127 F.3d 875 (1997)

In Re: H. Edwin and Mary Jo SCHIMMELS, Debtors. UNITED STATES of America, Plaintiff-Appellant, v. H. Edwin SCHIMMELS; Mary Jo Schimmels, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 14, 1997.


Attorney(s) appearing for the Case

Jeffrey A. Clair, Appellate Staff Civil Division, Department of Justice, Washington, DC, for plaintiff-appellant.

Alan R. Smith, Law Offices of Alan R. Smith, Reno, NV, for defendants-appellees.

Before: FARRIS and TASHIMA, Circuit Judges, and STAGG, Senior District Judge.


STAGG, Senior District Judge:

On behalf of the United States of America, relators brought a qui tam action under the False Claims Act, 31 U.S.C. § 3729-3731, against defendants, alleging fraud against the government. Relators received partial judgment against defendants who, in turn, filed for bankruptcy. Both relators and the government filed a Proof of Claim in the defendants' bankruptcy case and brought independent adversary proceedings therein concerning...

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