California, State Board of Equalization v. Harleston (In Re Harleston)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
BRANDT, Bankruptcy Judge.
Debtors filed an adversary proceeding against the California Board of Equalization (“Board”) seeking a declaration that their debt to the Board was discharged in their chapter 7 1 proceeding. The bankruptcy court denied the Board’s motion for judgment on the pleadings based on sovereign immunity. Holding that the adversary proceeding is ancillary to the case in which the Board waived its immunity by filing a proof of claim, and that it arises out of the same operative facts as the claim, we AFFIRM.
I.FACTS
Appellee Debtors Jerry C. and Donna L. Harleston filed a…
2Cases cited43 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
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- In Re Jerry C. Harleston in Re Donna L. Harleston, Debtors, State Board of Equalization, of the State of California v. Jerry C. Harleston Donna L. HarlestonCourt of Appeals for the Ninth Circuit · 2003
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