· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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