Legal Opinion
United States v. Rupari Food Services, Inc.
United States Court of International Trade
Decided August 10, 2017No. Consol. 10-00119PublishedCited by 2 opinions
1Opinion of the Court
OPINION
Katzmann, Judge:
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 U.S.C. § 1592 2 for alleged fraudulent, negligent, or grossly negligent misrepresentations made in the course of importing goods into the commerce of the country? Or, is that civil penalty action exempt from the automatic stay in bankruptcy because it is “an action or proceeding by a governmental unit ... to enforce…
2Cases cited26 opinions
- Lockyer v. Mirant Corp.Court of Appeals for the Ninth Circuit · 2005
- Czyzewski v. Jevic Holding Corp.Supreme Court of the United States · 2017
- In Re Baldwin-United Corporation Litigation. Vincent Erti, Joseph and Elizabeth Chupko, George and Margaret Ledney, William Neil Aicholtz and Janet Aicholtz and Genevieve Novicky on Behalf of Themselves and All Others Similarly Situated v. Paine Webber Jackson & Curtis, Inc., Paine Webber Group, Inc., Paine Webber, Inc., Pwjc Insurance Sales, Inc., Planco Inc., Donald B. Marron and Donald E. Nickelson, Paine Webber Group, Inc., Paine Webber Incorporated and Pwjc Insurance Sales, Inc., Third-Party-Plaintiffs-Appellees v. Baldwin-United Corporation and D.H. Baldwin Company, Third-Party-Defendants-AppellantsCourt of Appeals for the Second Circuit · 1985
- United States v. Nicolet, Inc. And Turner and Newall, Plc v. Turner & Newall Plc. Appeal of Nicolet, Inc. Appeal of Turner & Newall PlcCourt of Appeals for the Third Circuit · 1988
- Hunt v. Bankers Trust Co.Court of Appeals for the Fifth Circuit · 1986
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3Cited by2 opinions
- United States‚ v. Rupari Food Services‚ Inc.United States Court of International Trade · 2018
- United States v. Greenlight Organic, Inc.United States Court of International Trade · 2017