IN RE WHITEFIELD

Bankruptcy No. 393-07456.

165 B.R. 867 (1994)

In re Terry Wayne WHITEFIELD and, Carol Wright Whitefield, Debtors.

United States Bankruptcy Court, M.D. Tennessee.

April 7, 1994.


Attorney(s) appearing for the Case

Richard Baranyi, Hendersonville, TN, for debtors.

Kathleen A. Ayres, Asst. Atty. Gen., Tax Div., Bankruptcy Unit, Nashville, TN.

James Davidson Lane, II, Jennings, Lane & Ramer, P.C., Nashville, TN, for Tonja L. Whitefield.


MEMORANDUM GRANTING THE DEBTORS' PETITION FOR CONTEMPT FOR VIOLATION OF THE AUTOMATIC STAY

GEORGE C. PAINE, II, Chief Judge.

I. INTRODUCTION

The question presented is whether Eleventh Amendment sovereign immunity bars a federal bankruptcy court from issuing a money judgement against a state for attorney's fees incurred in litigation awarding declaratory or injunctive relief for the state's violation of the automatic stay imposed by 11...

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