Legal Opinion
United States v. Murdock MacHine and Engineering Company of Utah, Logan A. Bagley, Trustee for Murdock MacHine and Engineering Company of Utah
Court of Appeals for the Tenth Circuit
Decided June 5, 1996No. 95-4071PublishedCited by 70 opinions
1Opinion of the Court
BALDOCK, Circuit Judge.
Cases governed by the Bankruptcy Act of 1898, 11 U.S.C. §§ 1-1103 (1976) (repealed) (“the Act”) and the former Bankruptcy Rules, 11 U.S.C. appx. (1976) (superseded in 1983), are, like cowboys, a vanishing breed. We deliver in this case one of the final parting shots under the Act and former Rules. 1 We hold that in proceedings under Chapter VII of the Act, the United States government enjoys sovereign immunity from the automatic stays imposed by former Rules 401 and 601 because Congress did not waive the government’s sovereign immunity in the Act. Accordingly, we…
2Cases cited46 opinions
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- United States v. TestanSupreme Court of the United States · 1976
- United States v. SherwoodSupreme Court of the United States · 1941
- United States v. MitchellSupreme Court of the United States · 1983
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
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3Cited by70 opinions
- Simmat v. United States Bureau of PrisonsCourt of Appeals for the Tenth Circuit · 2005
- Wagoner County Rural Water District No. 2 v. Grand River Dam AuthorityCourt of Appeals for the Tenth Circuit · 2009
- State of Wyoming v. United StatesCourt of Appeals for the Tenth Circuit · 2002
- United States v. RichmanCourt of Appeals for the Tenth Circuit · 1997
- Robbins v. United States Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2006
65 more not listed; retrieve them via the Exa API.