IN RE MURPHY

No. 01-10045.

271 F.3d 629 (2001)

In the Matter of: Daniel G. MURPHY, Debtor. Daniel G. Murphy, Appellant, v. Michigan Guaranty Agency, Appellee.

United States Court of Appeals, Fifth Circuit.

November 14, 2001.


Attorney(s) appearing for the Case

Charles R. Chesnutt, III, Dallas, TX, for Appellant.

Steven B. Flancher, Michigan Dept. of Atty. Gen., Lansing, MI, for Appellee.

Before BARKSDALE and STEWART, Circuit Judges, and DUPLANTIER, District Judge.


CARL E. STEWART, Circuit Judge:

This case requires this court to determine whether a state is entitled to Eleventh Amendment immunity from an adversary proceeding to determine the dischargeability of a debt under Section 7001 of the bankruptcy rules. We hold that such a proceeding falls within the scope of the Eleventh Amendment and affirm the district court's dismissal of this case for lack of jurisdiction.

The facts...

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