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Legal Opinion

Burke v. Georgia (In Re Burke)

United States Bankruptcy Court, S.D. Georgia

Decided September 6, 1996No. 15-41516PublishedCited by 24 opinions

1Opinion of the Court

ORDER

JOHN S. DALIS, Bankruptcy Judge.

Gary and Pamela Burke (hereinafter “Debtors”) filed this action against the State of Georgia acting through its agency the Department of Revenue (hereinafter “Georgia”) alleging a violation of the discharge injunction of 11 U.S.C. § 524(a). 1 Georgia moved to dismiss the complaint asserting sovereign immunity and that it committed no willful violation of the discharge injunction as a matter of law. The motion is denied.

Georgia moves to dismiss this complaint under Federal Rule of Civil Procedure (FRCP) 41, made applicable to bankruptcy cases under Federal…

2Cases cited27 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  3. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  4. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  5. Hans v. LouisianaSupreme Court of the United States · 1890

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3Cited by24 opinions

  1. 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
  2. Straight v. Wyoming Department of Transportation (In Re Straight)Bankruptcy Appellate Panel of the Tenth Circuit · 2000
  3. In re NVR L.P.United States Bankruptcy Court, E.D. Virginia · 1997
  4. Headrick v. Georgia (In Re Headrick)United States Bankruptcy Court, S.D. Georgia · 1996
  5. In Re: Gary Burke, Pamela Burke, Debtors. State of Georgia Department of Revenue v. Gary Burke Pamela Burke, in Re Raymond D. Headrick, Cynthia J. Headrick, Debtors. The State of Georgia, Department of Revenue v. Raymond D. Headrick Cynthia J. HeadrickCourt of Appeals for the Eleventh Circuit · 1998

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