Legal Opinion

Elias v. United States (In Re Elias)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 23, 1998No. BAP No. CC-97-1079-HRuJ, Bankruptcy No. SV-96-11721-KL, Adversary No. SV-96-01295-KLPublishedCited by 19 opinions

1Opinion of the Court

OPINION

HAGAN, Bankruptcy Judge.

The bankruptcy court granted the California Franchise Tax Board’s motion to dismiss the adversary proceeding initiated by the Debtors to determine their state tax liability. The motion was grounded on the California Franchise Tax Board’s claim of Eleventh Amendment immunity from suit in the federal courts. We conclude the California Franchise Tax Board is immune from suit in the bankruptcy court and AFFIRM the bank ruptcy court’s order granting the motion to dismiss.

FACTS

Louie Elias (“Elias”) filed his petition for relief under chapter 7 of title 11, 2 United…

2Cases cited38 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  4. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  5. City of Boerne v. FloresSupreme Court of the United States · 1997

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3Cited by19 opinions

  1. Mitchell v. California Franchise Tax Board (In Re Mitchell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  2. Pitts v. Ohio Department of Taxation (In Re Pitts)United States Bankruptcy Court, N.D. Ohio · 1999
  3. Willis v. Oklahoma Ex Rel. Oklahoma Tax Commission (In Re Willis)United States Bankruptcy Court, E.D. Oklahoma · 1999
  4. Franchise Tax Board v. Lapin (In Re Lapin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. DeAngelis v. Laskey (In Re DeAngelis)United States Bankruptcy Court, D. Massachusetts · 1999

14 more not listed; retrieve them via the Exa API.

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