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· 5/2/2007

Village of Rosemont v. Aaron Jaffe, Emerald Casino, Inc. v. Illinois Gaming Board

Citations

  • 482 F.3d 926

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 gaming license is not “a res with respect to which the bankruptcy court had the authority to displace the state’s police power”
  • applying Fed. R. Civ. P. 12(b)(6) standards in reviewing the bankruptcy court’s decision to grant a motion to dismiss an adversary proceeding
  • finding the State of Illinois’ post-petition revocation of the debtor’s gaming license did not implicate a res and therefore affirming the dismissal of a lawsuit seeking to enjoin revocation on the basis of sovereign immunity
  • in chapter 11 case, rejecting argument that “the bankruptcy court has the duty to step in and do whatever is needed to protect the estate for the creditors”
  • “Although expansively phrased, section 105(a) affords bankruptcy courts considerably less discretion than first meets the eye, and in no sense constitutes a roving commission to do equity.” (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Ripple, Wood

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.