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· 8/26/1997

Maryland v. Antonelli Creditors' Liquidating Trust

Citations

  • 123 F.3d 777

How courts have described this case

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

  • holding that a bankruptcy court’s power to entertain a plan Confirmation Order derives not from jurisdiction over the state or other creditors, “but rather from jurisdiction over debtors and their estates”
  • holding that a bankruptcy court's power to entertain a plan Confirmation Order derives not from jurisdiction over the state or other creditors, \but rather from jurisdiction over debtors and their estates\
  • commencement of an adversary proceeding would “amount to the exercise of federal judicial power to hale a state into federal court against its will and in violation of the Eleventh Amendment.”
  • commencement of an adversary proceeding would \amount to the exercise of federal judicial power to hale a state into federal court against its will and in violation of the Eleventh Amendment.\
  • determination of whether reorganization plan complied with federal law was not a suit; when defining the rights and disposition of the estate, it collaterally affects the rights of virtually every party related to the estate— even if one happens to be a state

Source: CourtListener parenthetical corpus (CC0).

Judges: Niemeyer, Luttig, Michael

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.