Legal Opinion
Leber v. Illinois Department of Revenue (In Re Leber)
United States Bankruptcy Court, N.D. Illinois
Decided December 20, 1991No. 19-05460PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOHN H. SQUIRES, Bankruptcy Judge.
This matter comes to be heard on cross motions for summary judgment filed by Adam Leber and Eva Leber (the “Debtors”) and the Illinois Department of Revenue (“IDOR”). The Court holds that the underlying debt for which IDOR is pursuing Debtor, Adam Leber, has been discharged pursuant to 11 U.S.C. § 1328(a). IDOR, however, properly invoked sovereign immunity under the Eleventh Amendment of the United States Constitution which it has not waived under 11 U.S.C. § 106. Thus, neither party, as a matter of law, is entitled to all the relief sought.…
2Cases cited47 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Roland MacHinery Company v. Dresser Industries, Inc.Court of Appeals for the Seventh Circuit · 1984
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3Cited by16 opinions
- Spiers Graff Spiers v. Menako (In Re Spiers Graff Spiers)United States Bankruptcy Court, N.D. Illinois · 1996
- In Re WrightUnited States Bankruptcy Court, N.D. Illinois · 2003
- United States v. Trembath (In Re Trembath)United States Bankruptcy Court, N.D. Illinois · 1997
- In Re LaffertyUnited States Bankruptcy Court, N.D. Ohio · 1998
- In Re ShaferDistrict Court, D. Kansas · 1992
11 more not listed; retrieve them via the Exa API.