Legal Opinion

In re NVR L.P.

United States Bankruptcy Court, E.D. Virginia

Decided March 7, 1997No. Bankruptcy No. 92-11704-TPublishedCited by 36 opinions

1Opinion of the Court

MEMORANDUM OPINION

DOUGLAS 0: TICE, Jr., Bankruptcy Judge.

On October 23, 1995, the debtors-in-possession in these consolidated Chapter 11 cases moved the court to construe a section of their confirmed plan as requiring taxing authorities in Pennsylvania and Maryland to refund certain real property transfer and recordation taxes. On April 4, 1996, the court entered a declaratory judgment order under Fed.R.Bankr.P. 3020(d) granting the debtors’ motion. Just days before, however, the Supreme Court had held in Seminole Tribe of Fla. v. Florida, - U.S.-, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996), that…

2Cases cited90 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. Marbury v. MadisonSupreme Court of the United States · 1803
  5. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996

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3Cited by36 opinions

  1. In Re Sacred Heart Hospital of Norristown, Dba Sacred Heart Hospital & Rehabilitation Center, Debtor. Sacred Heart Hospital of Norristown, Dba Sacred Heart Hospital & Rehabilitation Center v. Commonwealth of Pennsylvania, Department of Public Welfare. In Re Sacred Heart Hospital of Norristown, D/B/A Sacred Heart Hospital & Rehabilitation Center, Debtor. Sacred Heart Hospital of Norristown v. Commonwealth of Pennsylvania, Department of Public Welfare Sacred Heart Hospital of NorristownCourt of Appeals for the Third Circuit · 1998
  2. In the Matter of Estate of Julian E. Fernandez, Debtor, Department of Transportation and Development, State of Louisiana v. Pnl Asset Management Company LLC Jean O. Turner, in the Matter Of: Julian E. Fernandez, Debtor, State of Louisiana, Department of Transportation and Development v. Jean O. Turner, Trustee Pnl Asset Management CompanyCourt of Appeals for the Fifth Circuit · 1997
  3. Texas Ex Rel. Board of Regents of the University of Texas System v. WalkerCourt of Appeals for the Fifth Circuit · 1998
  4. State of Texas v. WalkerCourt of Appeals for the Third Circuit · 1998
  5. Kish v. Verniero (In Re Kish)District Court, D. New Jersey · 1997

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