Skandalakis v. Geeslin
District Court, M.D. Georgia
1Opinion of the Court
ORDER
LAND, District Judge.
This bankruptcy appeal arises from the bankruptcy court’s ruling that Appellant, the District Attorney for the Coweta Judicial Circuit and an officer of the State of Georgia, wilfully violated an automatic stay under 11 U.S.C. § 362(a) and a discharge injunction under 11 U.S.C. § 524(a)(2). 1 The Court finds that as a state officer Appellant is entitled to immunity pursuant to the Eleventh Amendment to the United States Constitution. Therefore, the bankruptcy court did not have jurisdiction to find Appellant in contempt under the provisions of the federal bankruptcy…
2Cases cited15 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- In Re Creative Goldsmiths of Washington, D.C., Incorporated, Debtor. Roger Schlossberg, Trustee v. State of Maryland, Comptroller of the Treasury, United States Trustee, Party-In-Interest v. United States of America, IntervenorCourt of Appeals for the Fourth Circuit · 1997
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3Cited by1 opinion
- Perry v. Puckett Foundations (In Re Perry)United States Bankruptcy Court, M.D. Georgia · 2004