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In the Matter of Murphy

A state is entitled to Eleventh Amendment immunity from an adversary proceeding to determine the dischargeability of a debt under Bankruptcy Rule 7001.

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As amended November 29, 2001.

Appeal from the United States District Court for the Northern District of Texas

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.

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