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· 7/18/1935

Gulf Refining Co. v. Home Indemnity Co. of New York

Citations

  • 78 F.2d 842
  • 1935 U.S. App. LEXIS 3877

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that State’s claim of Eleventh Amendment immunity did not bar action in bankruptcy court to deter- mine discharge of debt because state had initiated ad- versarial action against debtor
  • acknowledging that a State may have its rights affected by a bankruptcy proceeding
  • stating that “[t]he unquestionable purpose of § 523(a)(5) is to ensure that spouses, former spouses, and children receive support even though a support provider has declared bankruptcy”
  • acknowledging that a State may have its rights affected by a bankruptcy proceeding
  • noting exceptions to discharge \are confined to those plainly expressed in the Code ... and are narrowly construed in favor of the debtor\
  • “Excluding this debt from discharge ... will neither protect spouses, former spouses, or children from being injured by a debtor’s discharge nor will it further the bankruptcy goal of a fresh start for the debtor.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Stone

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.