· 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 CourtListenerSourced 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.