U.S. v. RUPARI FOOD SERVICES, INC.

Slip Op. 17-104 Consol. Court No. 10-00119.

254 F.Supp.3d 1367 (2017)

UNITED STATES, Plaintiff, v. RUPARI FOOD SERVICES, INC., Defendant.

United States Court of International Trade.

August 10, 2017.


Attorney(s) appearing for the Case

Mikki Cottet , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Plaintiff. With her on the brief were Chad A. Readler , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director, of Washington, DC. Of counsel on the brief was Brian J. Redar , Office of Associate Chief Counsel, U.S. Customs and Border Protection, of Long Beach, CA.

Lawrence M. Friedman , Barnes Richardson & Colburn, of Chicago, IL, for Defendant. With him on the brief was Peter A. Quinter , Gray Robinson, P.A., of Miami, FL.


OPINION

The issue now before this court appears to be one of first impression: does the automatic stay in bankruptcy, effected by 11 U.S.C. § 362(a) (2012),1 stay an action for a civil penalty brought by the United States against the bankrupt party pursuant to 19...

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