Legal Opinion

In Re Collier

United States Bankruptcy Court, N.D. California

Decided December 15, 2008No. 15-40172PublishedCited by 2 opinions

1Opinion of the Court

NOTICE TO CALIFORNIA ATTORNEY GENERAL

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Section 2403(b) of Title 28 of the United States Code provides that, when the constitutionality of a state statute is called into question in a proceeding in federal court, the court shall certify such fact to the attorney general of the State and shall permit the state to intervene. The Court has tentatively concluded that Cal. Rev. & Tax.Code § 4103(b) is unconstitutional as applied to bankruptcy debtors. Therefore, it hereby gives notice to the California Attorney General of this opinion and gives the California…

2Cases cited9 opinions

  1. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  2. MSR Exploration, Ltd. v. Meridian Oil, Inc.Court of Appeals for the Ninth Circuit · 1996
  3. In Re: County of Orange, Debtor. Federal Deposit Insurance Corporation, Appellant-Cross-Appellee v. County of Orange, Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 2001
  4. In the Matter of Andrew Kanter and Carole Kanter, Bankrupts. Andrew R. Kanter and Carole Kanter v. Richard M. Moneymaker, TrusteeCourt of Appeals for the Ninth Circuit · 1974
  5. In Re LennenUnited States Bankruptcy Court, N.D. California · 1987

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3Cited by2 opinions

  1. In re FowlerUnited States Bankruptcy Court, E.D. California · 2012
  2. In re BrattUnited States Bankruptcy Court, M.D. Tennessee · 2015

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