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Legal Opinion

Kirschenbaum v. Nassau County District Attorney (In Re Vitta)

United States Bankruptcy Court, E.D. New York

Decided March 2, 2009No. 1-19-40808Published

1Opinion of the Court

MEMORANDUM DECISION

ROBERT E. GROSSMAN, Bankruptcy Judge.

Before the Court is a motion by the Nassau County District Attorney and the County of Nassau for summary judgment against the Chapter 7 Trustee in this adversary proceeding. The Chapter 7 Trustee commenced this adversary proceeding seeking turnover of certain property belonging to the Debtor which was seized by the Nassau County District Attorney pre-petition pursuant to a civil order of attachment. The Debtor agreed to consent to forfeiture of the subject property to Nassau County as part of a plea agreement in a criminal matter. The…

2Cases cited13 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Marvel Characters, Inc., Plaintiff-Counter-Defendant-Appellee v. Joseph H. Simon, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 2002
  3. Kalb v. FeuersteinSupreme Court of the United States · 1940
  4. Kathleen M. Cifra v. General Electric Company and Lockheed Martin Corporation, as Its SuccessorCourt of Appeals for the Second Circuit · 2001
  5. United States v. StowellSupreme Court of the United States · 1890

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