Legal Opinion

Kahl v. Texas Higher Education Coordinating Board (In Re Kahl)

United States Bankruptcy Court, E.D. Pennsylvania

Decided October 29, 1999No. 19-11284PublishedCited by 11 opinions

1Opinion of the Court

OPINION

STEPHEN RASLAVICH, Bankruptcy Judge.

Before the Court is a motion filed by defendant Texas Higher Education Coordinating Board (“Coordinating Board”) to dismiss this adversary proceeding against it on grounds that it is immune from suit under the Eleventh Amendment to the United States Constitution. After the conclusion of a hearing held September 13, 1999, the Court took the matter under advisement. For the reasons stated more fully below, the Coordinating Board’s motion is granted, and the instant adversary proceeding is dismissed.

JURISDICTION

The Court has jurisdiction over this core…

2Cases cited38 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. Grogan v. GarnerSupreme Court of the United States · 1991
  5. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996

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3Cited by11 opinions

  1. Clarke v. Paige (In Re Clarke)United States Bankruptcy Court, E.D. Pennsylvania · 2001
  2. Seay v. Tennessee Student Assistance Corp. (In Re Seay)United States Bankruptcy Court, E.D. Tennessee · 2000
  3. Coutts v. Massachusetts Higher Education Corp. (In Re Coutts)United States Bankruptcy Court, D. Massachusetts · 2001
  4. Corletta v. Texas Higher Education Coordinating BoardUnited States Bankruptcy Court, W.D. Texas · 2015
  5. Standifer v. StateAlaska Supreme Court · 2000

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