Legal Opinion
In Re Howard Carl Gustafson, Jr., Debtor. California State University, Fresno v. Howard Carl Gustafson, Jr.
Court of Appeals for the Ninth Circuit
Decided May 28, 1991No. 90-15412PublishedCited by 29 opinions
1Opinion of the Court
HUG, Circuit Judge:
The single issue before this court is whether a state is immune from suit for money damages, pursuant to 11 U.S.C. § 362(h), for violating the Automatic Stay Provision of the Bankruptcy Code, 11 U.S.C. § 362(a). 1 The issue is one of first impression in this circuit. We have jurisdiction to hear this case under 28 U.S.C. § 158(d). We find the state was immune from suit for money damages under the Eleventh Amendment for violating the automatic stay. Thus, the bankruptcy court had no jurisdiction to enter the award of sanctions against the California State University (“CSU”).…
2Cases cited3 opinions
- Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
- In Re James C. Pearson, Ida J. Pearson, Debtors. James C. Pearson, Ida J. Pearson v. United StatesCourt of Appeals for the Ninth Circuit · 1990
- In Re: Ezella M. Taylor, Debtor. Dina Tsafaroff Evelyn Simbas v. Ezella M. Taylor, Ezella M. Taylor v. Dina Tsafaroff Evelyn Simbas William Little, William Little v. Ezella M. Taylor David A. Gill, Trustee in BankruptcyCourt of Appeals for the Ninth Circuit · 1989
3Cited by29 opinions
- In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992
- Najafi v. Cabrini College (In Re Najafi)United States Bankruptcy Court, E.D. Pennsylvania · 1993
- Parker v. Boston University (In Re Parker)United States Bankruptcy Court, D. Massachusetts · 2005
- Palm v. Klapperman (In Re Cady)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- Davis v. Internal Revenue ServiceDistrict Court, E.D. Virginia · 1992
24 more not listed; retrieve them via the Exa API.