Legal Opinion
In Re: James Ellett, Debtor. Gerald Goldberg, Executive Director of the Franchise Tax Bap Board v. James Ellett
Court of Appeals for the Ninth Circuit
Decided August 27, 2001No. 00-15128PublishedCited by 50 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether a bankruptcy court may enjoin a state tax official from collecting state taxes purportedly discharged in a bankruptcy proceeding in which the State declined to participate.
I
Gerald Goldberg, Executive Director of the Franchise Tax Board of California (“FTB”), appeals from a judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s denial of Goldberg’s motion to dismiss an adversary proceeding brought by debtor James El-lett. Ellett seeks declaratory and injunc-tive relief barring Goldberg from collecting certain…
2Cases cited32 opinions
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
27 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Tennessee Student Assistance Corporation v. HoodSupreme Court of the United States · 2004
- Miranda B. v. KitzhaberCourt of Appeals for the Ninth Circuit · 2003
- Duke Energy Trading and Marketing, L.L.C. v. Gray Davis, Governor of the State of California, and California Power Exchange CorporationCourt of Appeals for the Ninth Circuit · 2001
- Wilshire Courtyard v. California Franchise Tax BoardCourt of Appeals for the Ninth Circuit · 2013
- Cardenas v. AnzaiCourt of Appeals for the Ninth Circuit · 2002
45 more not listed; retrieve them via the Exa API.