· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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