Introducing ATLASLearn more
Legal Opinion

Magill v. Lyons (In Re Lyons)

District Court, C.D. Illinois

Decided August 28, 1990No. 90-3038, 90-3039PublishedCited by 13 opinions

1Opinion of the Court

OPINION

RICHARD MILLS, District Judge:

This Court has before it, pursuant to 28 U.S.C. § 158(a), two appeals from a decision of the United States Bankruptcy Court. Both appeals involve the same parties, facts, and issues. Thus, in the interest of judicial economy the Court will consolidate the cases for purposes of appeal.

Although we find that the bankruptcy court was correct in holding that the Eleventh Amendment does not bar turnover of the Debtor’s interest in the State Employees’ Retirement System and that those funds are nonexempt property of the estate, we find that the bankruptcy court…

2Cases cited25 opinions

  1. Edelman v. JordanSupreme Court of the United States · 1974
  2. Lake Country Estates, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 1979
  3. Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
  4. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  5. In Re Charles W. Graham, Debtor. Edward F. Samore, Trustee v. Charles W. Graham, Trustee of the Charles W. Graham, M.D. Ltd. Profit Sharing Plan TrustCourt of Appeals for the Eighth Circuit · 1984

20 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. In Re LichtenbergerUnited States Bankruptcy Court, C.D. Illinois · 2006
  2. In the Matter of Sherri L. Lyons, Debtor-Appellee. Robert M. Magill, Trustee v. State Employees' Retirement System of IllinoisCourt of Appeals for the Seventh Circuit · 1992
  3. In re FranklinUnited States Bankruptcy Court, C.D. Illinois · 2014
  4. Hutto v. South Carolina Retirement SystemDistrict Court, D. South Carolina · 2012
  5. Hollis v. State Employees' Retirement System of Illinois (In Re Brenda Groves)United States Bankruptcy Court, N.D. Illinois · 1990

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API