Case law

Davis v. State (In re Venoco, LLC)

596 B.R. 480 · United States Bankruptcy Court, D. Delaware · Jan 2, 2019

Effect on Administration of the Estate if the Court Abstains This factor clearly weighs in the Trust's favor and against abstention. … Extent to Which State Law Issues Predominate Over Bankruptcy Issues Clearly, state law issues predominate, which favors the Defendants.

Burlington Motor Carriers Inc. v. Indiana Department of Revenue (In Re Burlington Motor Holdings Inc.)

242 B.R. 156 · United States Bankruptcy Court, D. Delaware · Dec 8, 1999

Corporation would not qualify for a refund under the state laws we reviewed. 4 The Motion for Reconsideration is denied with respect to this ground. … Cleveland County Board of County Commissioners, 41 F.3d 600 , 604 (10th Cir.1994) (“qualified and absolute immunity are affirmative defenses and must be pleaded”).

Shaw Group, Inc. v. Taiwan Power Co. (In re Stone & Webster, Inc.)

276 B.R. 360 · United States Bankruptcy Court, D. Delaware · Apr 9, 2002

The cases that Shaw cites to establish that the contacts in this case are sufficient to establish that the commercial activities exception applies are distinguishable. … Shaw concedes for purposes of this motion that TPC qualifies as a "foreign state” under the FSIA. .

Casino Caribean LLC v. Money Centers of America, Inc. (In re Money Center of America, Inc.)

565 B.R. 87 · United States Bankruptcy Court, D. Delaware · Feb 28, 2017

QCA and Thunderbird respond that Section 106 does not abrogate their sovereign immunity because Congress has not clearly and unequivocally expressed an intent to abrogate the sovereign immunity of Indian tribes in the Bankruptcy … As such, the Third Circuit determined in Christy that Eleventh Amendment immunity should be analyzed as an affirmative defense to be established by the party raising it.

In Re Hechinger Investment Co. of Delaware, Inc.

254 B.R. 306 · United States Bankruptcy Court, D. Delaware · Oct 10, 2000

However, the proposition established in the two cases are reconcilable. … Maryland appears to interpret its constitutional immunity from private suit in federal court as a constitutional immunity from federal law.

In Re Cable & Wireless USA, Inc.

331 B.R. 568 · United States Bankruptcy Court, D. Delaware · Jun 24, 2005

Moreover, political subdivisions of states do not qualify for Eleventh Amendment immunity. Mt. Healthy City School District Board of Education v. … Further, as to all counties that filed proofs of claim, these counties clearly waived any defense of state sovereign immunity, even assuming those counties are an “arm” of the state.

In re La Paloma Generating Co.

588 B.R. 695 · United States Bankruptcy Court, D. Delaware · Jul 25, 2018

section 505 argument supra , the Court is unable to grant relief as to the entirety of the Tax Dispute because of SBE's immunity from suit in federal court as established by the Eleventh Amendment. … In addition, the Court grants SBE's Eleventh Amendment immunity defense, as SBE has neither waived its argument by consent nor waived its immunity under the consent-by-ratification waiver established in Katz .

Zazzali Ex Rel. DBSI Estate Litigation Trust v. Swenson (In Re DBSI, Inc.)

463 B.R. 709 · United States Bankruptcy Court, D. Delaware · Jan 27, 2012

This power clearly includes, and is in fact, the ability to subordinate state sovereignty with respect to proceedings in the area of bankruptcy laws. … Applying Section 106 of the Bankruptcy Code After establishing above that the power to enact bankruptcy legislation was understood to carry with it the power to subordinate state sovereignty, 10 and that avoiding fraudulent

In Re Kelly

289 B.R. 38 · United States Bankruptcy Court, D. Delaware · Jan 30, 2003

In the absence of qualifying language, we conclude that the parties hold the Property as tenants by the entireties and not as joint tenants or tenants in common. B. … Rodgers, 461 U.S. 677 , 103 S.Ct. 2132 , 76 L.Ed.2d 236 (1983) (federal tax liens could attach to property that was immune from unilateral alienation).

Burlington Motor Carriers Inc. v. Indiana Department of Revenue (In re Burlington Motor Holdings Inc.)

235 B.R. 741 · United States Bankruptcy Court, D. Delaware · Jul 9, 1999

on Eleventh Amendment sovereign immunity. … Notwithstanding the foregoing, the Successor Corporation has not alleged or established the applicability of any state’s refund provisions.

In Re Smurfit-Stone Container Corp.

444 B.R. 111 · United States Bankruptcy Court, D. Delaware · Jan 10, 2011

As further explained below, Wedlake has failed to carry its burden to establish its entitlement to allowance and payment of the Wind-Up Claim. … Temple Marble & Tile, 640 N.Y.S.2d 849 , 663 N.E.2d at 893 (“Where, as here, a descriptive or qualifying phrase follows a list of possible antecedents, the qualifying phrase generally refers to and modifies all of the preceding

In re SRC Liquidation, LLC

573 B.R. 537 · United States Bankruptcy Court, D. Delaware · Jul 13, 2017

An example of a “context [that] clearly requires otherwise” includes stoppage and reclamation rights. See U.C.C. §§ 2-702,-705. … Rather, the court held that “receipt as used in 11 U.S.C. § 503 (b)(9) requires physical possession by. the buyer or its agent,” and it is well-established that “common carriers do not qualify as agents.”

Jordan

United States Bankruptcy Court, D. Delaware · Dec 12, 2025

The court held that the trustee was protected by qualified immunity because her actions were not “plainly incompetent and did not violate clearly established law.”96 Further, her actions in limiting the tenant’s access … statutory rights.98 The Trustee’s actions were taken in furtherance of his duties as a trustee and did not violate any clearly established law, so he is entitled to qualified immunity.

Northwestern Corp. v. Ammondson (In Re Northwestern Corp.)

324 B.R. 529 · United States Bankruptcy Court, D. Delaware · May 4, 2005

At present the Debt- or anticipates rejecting and terminating certain non-qualified plans. … The Pegasus district court decision was upheld on appeal on the “close nexus” issue, adopting Resorts International, but reversed on sovereign immunity grounds. In re Pegasus Gold, 394 F.3d 1189 (9th Cir.2005).

Pirinate Consulting Group, LLC v. Maryland Department of the Environment (In re Newpage Corp.)

555 B.R. 444 · United States Bankruptcy Court, D. Delaware · Aug 4, 2016

This rule is clearly inapplicable to Environmental Fees as MDE did not supply the Debtors with post-petition goods. … Sovereign Immunity MDE’s’ final assertion is that the doctrine of sovereign immunity insulates a state entity from liability in situations such as these.

Rotech Memorial Hospital v. Blount Memorial Hospital (In Re Integrated Health Services, Inc.)

258 B.R. 96 · United States Bankruptcy Court, D. Delaware · Jan 5, 2001

The Debtors’ financial information is clearly not known outside the business. … After the Defendant raised the TGTLA as an affirmative defense, the Court held that, while the TGTLA immunized a governmental entity from a suit for monetary relief, it did not immunize the government from a suit seeking

In re Indianapolis Downs, LLC

462 B.R. 104 · United States Bankruptcy Court, D. Delaware · Oct 26, 2011

The Department’s Sovereign Immunity Defense Has No Bearing on the Court’s Jurisdiction Despite the above authority supporting the Court’s jurisdiction, the Department challenges it by invoking sovereign immunity. … The two provisions clearly apply to the same base — AGR.

In re Nationsrent, Inc.

381 B.R. 83 · United States Bankruptcy Court, D. Delaware · Jan 9, 2008

The Court is further convinced that the Make-Whole Amounts are immune from § 510 subordination. … qualify as Purchase Money Indebtedness. 2.

In Re Kaiser Group International, Inc.

289 B.R. 597 · United States Bankruptcy Court, D. Delaware · Feb 7, 2003

by voluntarily filing a claim in bankruptcy court, a State waives its Eleventh Amendment immunity. … Though it has attempted to portray itself as a wholly innocent party, the evidence clearly establishes that CSM itself was a Research Sponsor.

In Re New Century Trs Holdings, Inc.

386 B.R. 11 · United States Bankruptcy Court, D. Delaware · Feb 14, 2008

have been excessive or in any manner wrongfully collected, until a claim for refund or credit has been duly filed with the Secretary, according to the provisions of law in that regard, and the regulations of the Secretary established … Clearly the Motion is a request for a tax refund. 6 . Section 1.6411-3 of the Regulations was amended on August 27, 2007, but the amendment did not alter substantively the language quoted above. (See 72 F.R. 48933 -01).