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U.S. EX REL. KOLBECK v. POINT BLANK SOLUTIONS

Civil Action No. 1:08cv1187.

444 B.R. 336 (2011)

UNITED STATES of America, ex rel., Wayne B. KOLBECK, Plaintiff, v. POINT BLANK SOLUTIONS, INC., et al., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

February 1, 2011.

Attorney(s) appearing for the Case

Thomas Wilfried Mitchell , Bruce J. Klores & Associates, P.C., Washington, DC, for Plaintiff.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

This False Claims Act case presents the narrow question, unresolved in this circuit, whether a qui tarn relator can proceed against a defendant in bankruptcy under the governmental police powers exception to the Bankruptcy Code's automatic stay1 where, as here, the United States has elected not to intervene in the action pursuant to 31 U.S.C. § 3730(b)(4)...

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