Legal Opinion
Texas v. Davis (In Re Davis)
United States Bankruptcy Court, E.D. Texas
Decided March 16, 2006No. 16-41633Published
1Opinion of the Court
MEMORANDUM OF DECISION
BILL PARKER, Chief Judge
Before the Court is the adversary complaint filed by the State of Texas to determine the dischargeability of a debt arising from a bail bond judgment against a surety. The State contends that its debt may not be subjected to the Defendanb-Debtor’s discharge without its consent due to its rights of sovereign immunity under the Eleventh Amendment or, alternatively, that its debt is non-dischargeable under § 523(a)(7) of the Bankruptcy Code. This memorandum of decision disposes of all issues pending before the Court. 1
Facts and Procedural History
Prior…
2Cases cited16 opinions
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999
- Hutto v. DavisSupreme Court of the United States · 1982
- In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
- Central Virginia Community College v. KatzSupreme Court of the United States · 2006
- Gardner v. New JerseySupreme Court of the United States · 1947
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