Legal Opinion

Joye v. Franchise Tax Board

Court of Appeals for the Ninth Circuit

Decided August 21, 2009No. 07-15676PublishedCited by 16 opinions

1Opinion of the Court

Opinion by Judge WALLACE; Dissent by Judge GRABER

WALLACE, Senior Circuit Judge:

Shelli Renee Joye and Teresa M. Joye (the Joyes) filed an adversary complaint in bankruptcy court against the State of California Franchise Tax Board and its Executive Director, Selvi Stanislaus (collectively, the Board), for declaratory and injunctive relief. The Joyes seek an order declaring that their state tax obligations from the year 2000 were discharged at the conclusion of their Chapter 13 bankruptcy proceeding in 2004. They also seek an injunction enjoining the Board from collecting these outstanding tax…

2Cases cited26 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Lyng v. Northwest Indian Cemetery Protective Assn.Supreme Court of the United States · 1988
  4. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  5. City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953

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3Cited by16 opinions

  1. Waggy v. SPOKANE COUNTY WASHINGTONCourt of Appeals for the Ninth Circuit · 2010
  2. Samson v. Western Capital Partners, LLC (In re Blixseth)Court of Appeals for the Ninth Circuit · 2012
  3. Samson v. Western Capital Partners, LLC (In Re Blixseth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  4. Montana Department of Revenue v. Timothy BlixsethCourt of Appeals for the Ninth Circuit · 2019
  5. In Re SenczyszynUnited States Bankruptcy Court, E.D. Michigan · 2010

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