1. Home
  2. Browse Decisions
  3. F.2d
  4. 812 F.2d
  5. 812 F.2d 311 (1987)
 

MATTER OF McVEY TRUCKING, INC.

No. 86-1216.

812 F.2d 311 (1987)

In the Matter of McVEY TRUCKING, INC., Debtor-Appellant. McVEY TRUCKING, INC., Plaintiff-Appellant, v. SECRETARY OF STATE OF ILLINOIS, First National Bank of Danville and First Midwest Bank of Danville, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1987.

Attorney(s) appearing for the Case

John L. Greenleaf, Jr., Byers, Byers & Greenleaf, Ltd., Decatur, Ill., for debtor-appellant.

Thomas P. Marnell, Illinois Atty. Gen., Chicago, Ill., for defendants-appellees.

Before POSNER and FLAUM, Circuit Judges, and CAMPBELL, Senior District Judge.

FLAUM, Circuit Judge.

McVey Trucking, a debtor, brought this action under § 547(b) of the Bankruptcy Code to recover money that it claims was improperly transferred to the Secretary of State of Illinois. The bankruptcy court dismissed the action, holding that under the Eleventh Amendment it lacked jurisdiction over the Secretary. The district court affirmed. Because Congress, in the exercise of its plenary power to enact bankruptcy legislation, may create a cause...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases