IN RE SELMA APPAREL CORP.

Bankruptcy No. 87-00929, Adv. No. 89-0140, Civ. A. No. 91-0385-B-C.

132 B.R. 968 (1991)

In re SELMA APPAREL CORPORATION, Debtor. UNITED STATES of America, Appellant, v. Joseph J. BURTON, Jr., Trustee for the Estate of Selma Apparel Corporation, Appellee.

United States District Court, S.D. Alabama, S.D.

September 27, 1991.


Attorney(s) appearing for the Case

Eugene A. Seidel, Mobile, Ala., Steve Segreto, Dept. of Justice, Civ. Div., Washington, D.C., for Selma Apparel Corp.

David W. Pollard, James W. Dilz, Atlanta, Ga., for Joseph J. Burton, Jr.


MEMORANDUM OPINION

BUTLER, District Judge.

This is an appeal by the United States from the order of the Bankruptcy Judge denying relief from the automatic stay provisions of 11 U.S.C. § 362. The issue presented on appeal is whether the Bankruptcy Judge erred in his determination that the exemption from the stay of 11 U.S.C. § 362(b)(4) did not apply to the government in its attempt to prosecute a claim against the debtor under the False Claims...

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