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IN RE LENKE

Bankruptcy No. 96-02098-PHX-RJH. Adversary No. 00-00167.

249 B.R. 1 (2000)

In re Jurgen Werner LENKE, Debtor. Jurgen Lenke, Plaintiff, v. Reinhold Tischler; Boulder Canyon Ranch, an Arizona corporation; Mark Svedja; The State of Arizona; and The Maricopa County Prosecutor's Office, Defendants.

United States Bankruptcy Court, D. Arizona, Phoenix Division.

May 17, 2000.

Attorney(s) appearing for the Case

Peter H. Honigmann, Foley & Honigmann, Phoenix, AZ, for plaintiff/debtor.

Denise Ann Faulk, Assistant Attorney General, Phoenix, AZ, for State of Arizona.

Richard Romley, Maricopa County Attorney, Phoenix, AZ, Mark W. Bennink, Maricopa County Attorney's Office, Southeast Facility, Mesa, AZ, for Maricopa County.

Dale D. Ulrich, Phoenix, AZ, Chapter 7 Trustee.

OPINION

RANDOLPH J. HAINES, Bankruptcy Judge.

Debtor Jurgen Lenke ("Lenke" or "Debtor") filed a Complaint to Determine Dischargeability of a Debt and an Application for Preliminary Injunction to enjoin his state criminal prosecution for theft. Defendant State of Arizona moved to dismiss, asserting Eleventh Amendment sovereign immunity and also arguing that the Ninth Circuit en banc decision in Gruntz v. County of L.A. (In re Gruntz), ...

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