Legal Opinion
Headrick v. Georgia (In Re Headrick)
United States Bankruptcy Court, S.D. Georgia
Decided September 26, 1996No. 15-20610PublishedCited by 32 opinions
1Opinion of the Court
ORDER
JOHN S. DALIS, Bankruptcy Judge.
Raymond and Cynthia Headrick (hereinafter “Debtors”) filed this complaint against the State of Georgia acting through its agency the Department of Revenue (hereinafter “Georgia”) alleging violations of the automatic stay, 11 U.S.C. § 362 1 . Georgia moved for summary judgment, asserting sovereign immunity and that its actions did not violate the automatic stay as a matter of law. The Debtors filed a response and a counter motion for summary judgment. Both motions are denied.
Both parties move for judgment in their favor under Federal Rule of Civil Procedure…
2Cases cited27 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Hans v. LouisianaSupreme Court of the United States · 1890
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
22 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In re NVR L.P.United States Bankruptcy Court, E.D. Virginia · 1997
- Schulman v. California (In re Lazar)Court of Appeals for the Ninth Circuit · 2001
- In Re: Gary Burke, Pamela Burke, Debtors. State of Georgia Department of Revenue v. Gary Burke Pamela Burke, in Re Raymond D. Headrick, Cynthia J. Headrick, Debtors. The State of Georgia, Department of Revenue v. Raymond D. Headrick Cynthia J. HeadrickCourt of Appeals for the Eleventh Circuit · 1998
- Kish v. Verniero (In Re Kish)District Court, D. New Jersey · 1997
- Wyoming Department of Transportation v. Straight (In Re Straight)District Court, D. Wyoming · 1997
27 more not listed; retrieve them via the Exa API.