Foreigners, the authorities are not alone in eyeing the
Acambaro assets of Mexican restaurants in the wake of a raid on 19 illegal aliens rounded up, imprisoned and their employers froze $ 3 million in tangible assets.
Days after the invasion of December 10, Northwest Arkansas restaurant chain in bankruptcy. Acambaro are active 4 $ 2 million dollars and liabilities of 3 2 million.
Chapter 11 is a declaration of bankruptcy law potential Tug-of-war: the individual as Acambaro continue under the protection of bankruptcy, the Federal Government lawyers have frozen bank accounts and its main features to capture, including Most sites in Acambaro Northwest Arkansas.
“It is unusual,” said John Blair, a lawyer Rogers Acambaro in liquidation. The potential conflict between the two jurisdictions have yet to a head, “he said.
“From this moment, the government has done everything to try to close them,” he said. “Therefore, it is an offence against the” automatic “, which entered into force and which protects the company assets.” If the bankruptcy court to be automatic, is the Bay of creditors, the same effect on the immigration authorities?
“As a general rule, if you bankrupt, basically, the advantage of any other type of procedure, given that the outside - people trying to accuse you, creditors try to seize your assets, this type of apparatus, “said Thomas E. Plank, Jura-A professor at the University of Tennessee.
But there are exceptions for criminal cases.
“OJ Simpson can not bankrupt and the race is not for murder,” said Plank.
Less obvious is whether a declaration of bankruptcy of an extension, a civil action such as the revocation of the government to confiscate property Acambaro. Plank said he was not sought, but the answer might lie in the details of the case.
Acambaro Blair declared bankrupt, “because the seizure.” Entering the left, Reyes family, controls on restaurants, no possibility of paying their taxes or collaborators, “said Blair.
Acambaro sites were the reopening of spare parts and food company employees had hand, “said Blair, while the government has frozen bank accounts and unternehmensfremden away from computers.
The top creditors in the event ARVEST Bank, Acambaro petition, 3 $ 2 million in secured claims. ARVEST believes that the mortgages on houses several restaurants and both the bankruptcy and immigration cases, said the petition.
Bob Balfe, U.S. Attorney General for the Western District of Arkansas, specificity was to discuss the case.
The question of the general procedure for recovery and for his report on the insolvency proceedings, assistant U.S. attorney said Debbie Groom, the government’s position is that the automatic stay.
She said that the Government’s intention in the case of disqualification is to sell the properties, you can use the money to pay creditors and distribute the remaining funds rotting local governments for police operations.
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