Case law

Duvoisin v. Tennessee (In Re Southern Industrial Banking Corp.)

49 B.R. 811 · United States Bankruptcy Court, E.D. Tennessee · May 20, 1985

To the extent that these cases hold that a statute establishing a regulatory scheme over such institutions does not establish a duty on the part of the examining officials to the institution regulated, this court agrees. … Only the individual defendants advanced the argument based on quasi-judicial immunity. Because of its holding regarding the question of duty the court need not decide the issue of qualified immunity. 4 .

Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC)

516 B.R. 462 · United States Bankruptcy Court, E.D. Michigan · Aug 12, 2014

What can be gleaned from these examples is that an explicit reference to “Indian tribes” in a statute is sufficient for Congress to clearly and unequivocally abrogate tribal sovereign immunity. … This logically raises the question of what verbiage, other than "Indian tribes,” might suffice to clearly and unequivocally abrogate the Tribe Defendants' sovereign immunity.

Taylor v. Georgia (In Re Taylor)

249 B.R. 571 · United States Bankruptcy Court, N.D. Georgia · Jun 8, 2000

For these reasons, the Court is convinced that the Debtors’ complaint qualifies as a suit such that the Georgia Department of Revenue is entitled to assert its sovereign immunity. See Univ. of Virginia v. … To establish ... uniform Laws on the subject of Bankruptcies throughout the United States”).

In Re DiPiazza

29 B.R. 916 · United States Bankruptcy Court, N.D. Illinois · May 13, 1983

The defendants cite In re Turpin, 644 F.2d 472 (5th Cir.1981) and In re Parker, 473 F.Supp. 746 (W.D.N.Y.1979) for the proposition that qualified ERISA pension plans are immune from the reach of a Chapter 7 trustee. … This court finds that the pension plan herein does not satisfy the definition of a spendthrift trust, as established in Illinois.

In Re Mozingo

222 B.R. 475 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 15, 1998

The Lombardo and Ersa cases establish that the lien at issue works exactly like the normal Pennsylvania process for execution on personalty. … No reference is made to Lombardo or Ersa, which qualifies the language of § 788.1(a) by rendering it subordinate to the conflicting language of § 788.1(b).

Huffine v. California State University-Chico (In Re Huffine)

246 B.R. 405 · United States Bankruptcy Court, E.D. Washington · Mar 10, 2000

In order to effectuate a waiver of sovereign immunity, the congressionally imposed condition that the state do so must be clearly expressed. … A cursory reading of Atascadero and Seminole would seem to imply that, even when acting pursuant to its spending power, Congress must clearly express in the statutory language the condition that sovereign immunity be waived

Inst. of Cardiovascular Excellence, PLLC v. Fla. Agency for Health Care Admin. (In re Inst. of Cardiovascular Excellence, PLLC)

589 B.R. 204 · United States Bankruptcy Court, M.D. Florida · Feb 9, 2018

non-immunized § 542 turnover claim. … "Consequently, the determination of whether a claim qualifies as a turnover proceeding turns on whether [the] complaint alleges the existence of a mature debt."

In Re Corporacion De Servicios Medico Hospitalarios De Fajardo

123 B.R. 4 · United States Bankruptcy Court, D. Puerto Rico · Jan 7, 1991

In the First Circuit it is well established that although the issue of sovereign immunity may be raised at any time, Howard v. P.R. … Aqueduct Sewer, supra at 886 (“There is no question that a state may waive its Eleventh Amendment immunity, ..., and it has long been established that a general appearance may constitute such a waiver, e.g. Clark v.

Carlin v. Rogers District Court (In Re Carlin)

274 B.R. 821 · United States Bankruptcy Court, W.D. Arkansas · Mar 8, 2002

Fed.R.Civ.P. 56(c). 1 The burden is on the moving party to establish the absence of a material fact and identify portions of the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits that … as a matter of law because its action qualifies as an exception under 11 U.S.C. § 362 (b)(1), which specifically excepts the commencement or continuation of a criminal action or proceeding against the debtor from operation

Euber v. Sheldrick (In Re Euber)

217 B.R. 448 · United States Bankruptcy Court, D. Vermont · Mar 2, 1998

We hold, nonetheless, that Debtors are entitled to judgment as a matter of law because bankruptcy immunizes their homestead from Creditor’s claims which arose before their homestead was established. … At the time of his purchase, the debtor’s condominium did not qualify for Florida’s homestead exemption. A year later, Florida amended its homestead law so that debtor’s condominium qualified.

In Re Barrett Refining Corp.

221 B.R. 795 · United States Bankruptcy Court, W.D. Oklahoma · Jun 5, 1998

To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Unites States.” … Supreme Court that the previous statute had not sufficiently and clearly stated Congress' intent to abrogate state sovereign immunity. See United States v.

Monseratt v. Student Loan Finance Corp. (In Re Monseratt)

289 B.R. 183 · United States Bankruptcy Court, M.D. Florida · Oct 9, 2002

Florida Statutes Chapter 229 establishes FDOE as an administrative unit of the State of Florida. … “Section 106 clearly expresses congressional intent to abrogate the States’ sovereign immunity.” Id.

Storey v. City of Toledo (In Re Cook United, Inc.)

117 B.R. 301 · United States Bankruptcy Court, N.D. Ohio · Jun 26, 1990

Accordingly, with both the governmental unit’s (City’s) claim and the estate’s claim arising under the same occurrence, a limited waiver of the City’s sovereign immunity has been established. … Conclusion A waiver of sovereign immunity has been established under § 106 of the Bankruptcy Code, and the City’s motion to dismiss is hereby denied. IT IS SO ORDERED. 1 . See, "Occurrence”: A coming or happening.

Matter of Younger

163 B.R. 609 · United States Bankruptcy Court, S.D. Georgia · Jun 16, 1993

Because of the policy established in 28 U.S.C. Section 959 (b) the Eleventh Circuit ruled that the fines were allowable administrative expenses even though the result would be to deplete the estate. … By his conduct Debtor clearly could be expected to conceal and transfer assets.

Lesniewski v. Kamin (In Re Lesniewski)

246 B.R. 202 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 13, 2000

The holding of Hutto , therefore, was not just that Congress had spoken sufficiently clearly to overcome Eleventh Amendment immunity in enacting § 1988, but rather that the Eleventh Amendment did not apply to an award of … Section 523(d) also provides attorney’s fees but the prevailing debtor must establish that the creditor's position was not substantially justified to qualify.

Lankford v. Texas, Comptroller of Public Accounts (In Re Lankford)

261 B.R. 410 · United States Bankruptcy Court, N.D. Texas · Mar 29, 2001

. § 106 (a) allows the suit with this court being the only “qualified” court to decide this suit. The court conducted a hearing on the motion on February 15, 2001. … Having established the immunity from suit, this court respectfully recommends that the state consider waiving the immunity or consenting to the suit of a citizen of Texas in a court in a federal district in Texas to determine

Zebley v. Olexa (In Re Olexa)

317 B.R. 290 · United States Bankruptcy Court, W.D. Pennsylvania · Nov 17, 2004

all, of the debts incurred by debtor in this instance qualify as “necessaries” for purposes of 23 Pa.C.S.A. § 4102. … The new “wrinkle” wrought by 48 P.S, § 116 was to establish that the wife also was liable in such situations, albeit secondary to her husband’s liability.

Matter of Southern Biotech, Inc.

37 B.R. 311 · United States Bankruptcy Court, M.D. Florida · Nov 30, 1983

Each inmate who qualified to participate in the pheresis program was entitled to an additional $1 if he voluntarily consented to receive immunizations or vaccinations, which are permitted to be performed by the FDA regulations … There is no hard evidence which clearly establishes the means of transmittal of this dreadful disease, although inferences based on statistics indicate that AIDS may be transmitted by blood.

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. .

Schechter v. Balay (In Re Balay)

113 B.R. 429 · United States Bankruptcy Court, N.D. Illinois · Mar 9, 1990

A minority of courts have embraced the view that ERISA benefits are not part of a debtor’s estate and are immune from creditor claims. … As the circuit courts’ holdings clearly demonstrate, any direct or indirect funding of an ERISA-qualified plan by the employee-debtor may be sufficient to convince a court that the trust is self-settled.