Legal Opinion
Murphy v. Michigan Guaranty Agency
Court of Appeals for the Fifth Circuit
Decided December 4, 2001No. 01-10045PublishedCited by 9 opinions
1Opinion of the Court
CARL E. STEWART, Circuit Judge:
This case requires this court to determine whether a state is entitled to Eleventh Amendment immunity from an adversary proceeding to determine the dischargeability of a debt under Section 7001 of the bankruptcy rules. We hold that such a proceeding falls within the scope of the Eleventh Amendment and affirm the district court’s dismissal of this ease for lack of jurisdiction.
The facts in this case are undisputed. Daniel G. Murphy (“Murphy”) filed for Chapter 7 bankruptcy on January 27,1999. Murphy obtained a discharge of all of his dischargeable debts.
Michigan…
2Cases cited8 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Maryland v. Antonelli Creditors' Liquidating TrustCourt of Appeals for the Fourth Circuit · 1997
- In Re: Nvr, Lp, DebtorCourt of Appeals for the Fourth Circuit · 1999
- Seay v. Tennessee Student Assistance Corp. (In Re Seay)United States Bankruptcy Court, E.D. Tennessee · 2000
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re The Caldor CorporationCourt of Appeals for the Second Circuit · 2002
- Term Loan Holder Committee v. Ozer Group, L.L.C. (In re Caldor Corp.)Court of Appeals for the Second Circuit · 2002
- Rhode Island Department of Environmental Management v. United StatesCourt of Appeals for the First Circuit · 2002
- Goldin v. Montana (In Re Pegasus Gold Corp.)United States Bankruptcy Court, D. Nevada · 2002
- In Re Sae Young Westmont-Chicago, L.L.C.United States Bankruptcy Court, N.D. Illinois · 2002
4 more not listed; retrieve them via the Exa API.