Cluster 1975541
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· 251 citation events
across 54 courts.
Showing the 10 strongest citers on record
(one row per citing case, strongest signal kept).
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Ambac Assurance Corp. v. Commonwealth (In Re Fin. Oversight & Mgmt. Bd. for Puerto Rico) (2019)
In Ashton v. Cameron County Water Improvement District , the Supreme Court struck down a predecessor to the modern municipal-bankruptcy statute, reasoning that it allowed a federal bankruptcy court to impermissibly intrude upon the sovereignty of states and their subdivisions. 298 U.S. 513 , 531, 56 S.Ct. 892 , 80 L.Ed. 1309 (1936) ("If obligations of states or their political subdivisions may be subjected to the interference here attempted, they are no longer free to manage…
"If obligations of states or their political subdivisions may be subjected to the interference here attempted, they are no longer free to manage their own affairs ...."
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Coan v. Bernier (In Re Bernier) (1995)
No. 1, supra, 298 U.S. at 527, 530, 56 S.Ct. at 894, 896, the Court struck down a bankruptcy statute authorizing the political subdivisions of states to seek readjustments of them debts, even though the Court assumed that the statute related to the general “subject of bankruptcies” within the literal wording of the Bankruptcy Clause. 15 The Court did so based on the concept of state sovereignty and freedom of the state from undue interference from the federal government.
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In Re Brentwood Outpatient, Ltd. (1993)
No. One, 298 U.S. 513, 528 , 56 S.Ct. 892, 895 , 80 L.Ed. 1309, 1312-13 (1936)).
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In Re Burke (1992)
No. One, 298 U.S. 513, 535 , 56 S.Ct. 892, 898 , 80 L.Ed. 1309, 1316 (1936) (dissenting opinion).
dissenting opinion
See Continental Illinois, 294 U.S. at 672-73 , 55 S.Ct. at 604-05 , citing Hanover National Bank v. Moyses, 186 U.S. 181 , 22 S.Ct. 857 , 46 L.Ed. 1113 (“ ‘the subject of bankruptcies’ was nothing less than ‘the subject of the relations between an insolvent or non-paying or fraudulent debtor, and his creditors, extending to his and their relief’ ”); Ashton v. Cameron County, 298 U.S. 513 , 56 S.Ct. 892 (Justice Cardozo, dissenting, favoring a much broader reading of the Bank…
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In Re City of Bridgeport (1991)
Id. at 531, 56 S.Ct. at 896 (citations omitted).
citations omitted
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Morris v. Associates Finance Co. (In Re Morris) (1981)
In substance, it agrees with Cowen, J., who wrote: “I read the constitution thus, ‘Congress shall have the power to establish uniform laws on the subject of any person’s general inability to pay his debts throughout the United States.’ ” Ashton v. Cameron County Dist., 298 U.S. at 536-37, 56 S.Ct. at 898-99 (Cardozo, J., dissenting).
Cardozo, J., dissenting
He first directs our attention to the decision of the Supreme Court in Ashton v. Cameron County Water Improvement District Number 1, 298 U. S. 513 , 56 Sup. Ct. 892, 80 L.
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McClain v. Commissioner (1940)
See Ashton v. Cameron County Water Improvement District, 298 U.S. 513 , 56 S.Ct. 892 , 80 L.Ed. 1309 .
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In Re Richmond Unified School District (1991)
Compare Ashton v. Cameron County Water Improvement District No. One, 298 U.S. 513 , 56 S.Ct. 892 , 80 L.Ed. 1309 (1936) and United States v. Bekins, 304 U.S. 27 , 58 S.Ct. 811 , 82 L.Ed. 1137 (1938). 4 .Section 904 provides as follows: "Notwithstanding any power of the court, unless the debtor consents or the plan so provides, the court may not, by any stay, order, or decree, in the case or otherwise, interfere with— (1) any of the political or governmental powers of the deb…