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1991 Tennessee Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagtn0113 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 July 1991 91-68 ACCOUNTANT/ACCOUNTING: Certified Public Accountants: T.C.A. S62-1-122, a statute prohibiting a licensed public accountant from competing for clients by certain means, is not preempted by operation of a consent decree between the Federal Trade Commission and a private professional association of accountants. 15 U.S.C. 51, 15 U.S.C. S45; T.C.A. 547-18-104(a), 547-25-101, S62-1-101, 562-1-104, 562-1-119, 562-1-122. 91-62 BANKRUPTCY: A civil forfeiture under T.C.A. 553-11-451 is an action by the State which is quasi-criminal in nature and is intended te both protect the public health and safety, and punish the wrongdoer. The commence or continuation of a civil forfeiture under T.C.A. 553-11-451 involving an individual who has filed a federal bankruptcy petition is exempted from the automatic stay provisions of 11 U.S.C. S362 by 11 U.S.C. S362(b)(1) and (4). To the extend a conflict does exist between federal and state law, the Supremacy Clause of the United States Constitution (Article 6, Section 2) mandates that the federal statute shall prevail. Civil forfeitures under T.C.A. S53-11-201 are quasi-criminal in nature, are supported by a strong public policy, and constitute an exercise of Tennessee's police power. When property is seized under T.C.S. 553-11-201, et seq., title to the property vests immediately in the State of Tennessee subject to divestiture and revestment in the owner if the seizure is found to be defective. The owner's contingent interest in this property would be considered property of the estate under 11 U.S.C. S541(a). 28 U.S.C. S1334(d) expressly grants the United States District Court in which a case under the United States Bankruptcy Code is commenced or is pending exclusive jurisdiction of all property, wherever located, of the debtor as of the commencement of such case, and of property of the estate as defined in 11 U.S.C. 5541(a). 11 U.S.C. 101 et seq. 11 U.S.C. 5362, 11 U.S.C. 5541. 11 U.S.C. T72Ta)(4), 28 U.S.C. 51334(d); T.C.A. 553-11-201, 553-11-401, 553-11-409, S53-11-451, 553-11-452.

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