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New page: In ''Gardner v. New Jersey'', 329 U.S. 565, 574 (1947), the U.S. Supreme Court considered a complex bankruptcy issue but issued several holdings that are often cited. The specifi...

In ''Gardner v. New Jersey'', 329 U.S. 565, 574 (1947), the [[U.S. Supreme Court]] considered a complex [[bankruptcy]] issue but issued several holdings that are often cited. The specific issues in the case were partly superseded by subsequent changes in bankruptcy law.

The Court held that a State's voluntary appearance in federal court constitutes a waiver of its [[Eleventh Amendment]] immunity.

The Court also emphasized that a bankruptcy proceeding is [[in rem]]. "The whole process of proof, allowance, and distribution is, shortly speaking, an adjudication of interests claimed in a res."

Justice [[William O. Douglas]] wrote the opinion for the unanimous Court.
[[category:United States Supreme Court Cases]]
[[category:Bankrutpcy Law]]

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Revision as of 14:19, January 20, 2008