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Jahn v. United States (In re WinPar Hospitality Chattanooga LLC)

Jahn v. United States (In re WinPar Hospitality Chattanooga LLC)

Ruling
Government forfeiture proceeding predicated on postpetition criminal activity did not violate stay.
Procedural posture

Plaintiff trustee filed an action against defendant government, alleging that the government violated the automatic stay of 11 U.S.C.S. § 362 by seeking the forfeiture of estate property. The trustee filed a motion for partial summary judgment, and the government filed a cross- motion for summary judgment and a motion to dismiss.

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Commercial opinion summary, case decided on February 06, 2009 , LexisNexis #0309-109