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Nesse v. United States (In re USProtect Corp.)

Nesse v. United States (In re USProtect Corp.)

Ruling
Bankruptcy court had jurisdiction over trustee's claim that United States forfeiture action against debtor's bank account was subject to stay.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant United States seeking a declaration that the government's forfeiture action against a bank account of a bankruptcy debtor was subject to the automatic bankruptcy stay. The government moved to dismiss the complaint for lack of jurisdiction.

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Commercial opinion summary, case decided on July 10, 2008 , LexisNexis #0908-127