Legal Opinion
Schulman v. California State Water Resources Control Board (In Re Lazar)
United States Bankruptcy Court, C.D. California
Decided September 3, 1996No. Bankruptcy Nos. LA 92-39039SB, LA 92-39042 SB. Adv. No. LA 96-01575 SBPublishedCited by 37 opinions
1Opinion of the Court
OPINION ON MOTION FOR REMAND OR ABSTENTION
SAMUEL L. BUFFORD, Bankruptcy Judge.
I. Introduction
This adversary proceeding raises the issue of whether a chapter 7 trustee can be compelled to litigate in state court the denial of his administrative claim filed against the California Underground Storage Tank Cleanup Fund (“the Fund”), where the denial was based on the prepetition misconduct of the debtors, and the state has filed a claim for unpaid taxes to support this fund and has otherwise taken an active role in this ease. • The Court holds that the state’s motion to remand this proceeding to…
2Cases cited55 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
50 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Gugliuzza v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 2017
- Wyoming Department of Transportation v. Straight (In Re Straight)Court of Appeals for the Tenth Circuit · 1998
- In re NVR L.P.United States Bankruptcy Court, E.D. Virginia · 1997
- Adams v. Hartconn Associates, Inc. (In Re Adams)United States Bankruptcy Court, D. Massachusetts · 1997
- Schulman v. California (In re Lazar)Court of Appeals for the Ninth Circuit · 2001
32 more not listed; retrieve them via the Exa API.