Case law

Luis M. Ruiz Ruiz v. Commonwealth of Puerto Rico, Through Secretary of Justice, Inés Del C. Carrau Martínez; PR Department of Agriculture, Through Its Secretary, Agro. Carlos Alberto Flores Ortega; Office for the Regulation of the Dairy Industry (ORIL) Through

United States Bankruptcy Court, D. Puerto Rico · Dec 23, 2021

Qualified immunity “protects all but ‘the plainly incompetent [and] those who knowingly violate the law.’” … In the First Circuit, a plaintiff that seeks to demonstrate that a government official is 9 ineligible for qualified immunity must establish

W.J.P. Properties v. Resolution Trust Corp. (In Re W.J.P. Properties)

149 B.R. 604 · United States Bankruptcy Court, C.D. California · Dec 18, 1992

FIRREA established administrative procedures for adjudicating claims asserted against RTC as receiver of a failed thrift institution. Circle Indus. v. City Fed. Sav. … Also, the Court stated that the specific preclusive language of FISA is not qualified or superseded by the general provisions governing bankruptcy proceedings. Id.

In Re Bissell

255 B.R. 402 · United States Bankruptcy Court, E.D. Virginia · Nov 22, 2000

Moore clearly established within the Fourth Circuit the meaning of the term “applicable nonbankruptcy law” as used in § 541(c)(2) to mean “all laws, state and federal, under which a transfer restriction is enforceable.” … a qualified plan established pursuant to § 401 of the Internal Revenue Code.

Lopez v. Department of Treasury ex rel. Rodriguez (In re Lopez)

492 B.R. 595 · United States Bankruptcy Court, D. Puerto Rico · Apr 26, 2013

The court found that the six notices informing the debtors of the $500 assessment for each return qualified for the exception set forth at Section 362(b)(9)(D). Id. at 465-466 . … These notices, along with the accompanying pamphlet, clearly constitute more that a demand for payment.

Mueller v. Idaho (In Re Mueller)

211 B.R. 737 · United States Bankruptcy Court, D. Montana · Aug 15, 1997

Given these strictures, it falls on a plaintiff suing an unconsenting state in a federal case to establish that the defendant state’s sovereign immunity does not preclude the federal court’s jurisdiction. … Jordan, 415 U.S. 651, 663 , 94 S.Ct. 1347, 1355-56 , 39 L.Ed.2d 662 (1974), this language clearly does not preclude sovereign immunity in other kinds of eases.

Toti v. United States (In Re Toti)

141 B.R. 126 · United States Bankruptcy Court, E.D. Michigan · May 22, 1992

The moving party bears the burden of clearly establishing the nonexistence of any genuine issue of fact material to a judgment in his favor. Fernandez at 761 . … The Supreme Court stated that waivers of the Government’s sovereign immunity had to be unequivocally expressed, and that § 106(c) failed to establish unambiguously that its waiver extended to monetary claims.

Blue Cactus Post, L.C. v. Dallas County Appraisal District (In Re Blue Cactus Post, L.C.)

229 B.R. 379 · United States Bankruptcy Court, N.D. Texas · Jan 19, 1999

Sovereign Immunity The DCAD asserts that sovereign immunity bars this suit against it because it is an “arm of the state,” and is therefore entitled *382 to immunity from suits in federal courts. … Also, Dallas County argues that it is barred from valuing property for tax purposes or hiring a qualified appraiser to assist with this task. 34 The DCAD counters *386 with the argument that its role is strictly valuing real

In Re Bel-Aire Investments, Inc.

142 B.R. 992 · United States Bankruptcy Court, M.D. Florida · Jul 1, 1992

Addressing first the State’s sovereign immunity argument, it is now well established that this Court may not grant a money judgment against a State without the State’s expressed or implied waiver of the sovereign immunity … State also relies on In re Eastmet Corporation, 907 F.2d 1487 (4th Cir.1990), where the court of appeals held that a *996 purchase money deed of trust executed by a purchaser of a Chapter 11 debtor’s real property did not qualify

Pulaski Highway Express, Inc. v. Central States Southeast & Southwest Areas Health & Welfare & Pension Funds (In Re Pulaski Highway Express, Inc.)

41 B.R. 305 · United States Bankruptcy Court, M.D. Tennessee · Jul 23, 1984

pension plan are not immune from recovery as preferential transfers. … Establishing a rule that pension contributions are immune from recovery could seriously jeopardize reorganization efforts to the detriment of general creditors, the employees, as well as the pension plans.

In re Jones

556 B.R. 219 · United States Bankruptcy Court, E.D. North Carolina · Aug 22, 2016

Second, the qualifier to this exception — that proceedings seeking to determine the division of property of the estate are not immune from the stay (put simply, the exception to the exception) — applies only to property of … On the contrary, since *224 domestic support obligations are not dis-chargeable, there is no reason to delay proceedings to establish or modify them. Collier ¶ 362.05[2],

In Re Griffin

415 B.R. 64 · United States Bankruptcy Court, N.D. New York · Jul 1, 2009

The court in Dawson held that “to be entitled to damages for emotional distress under § 362(h), an individual must (1) suffer significant harm, (2) clearly establish the significant harm, and (3) demonstrate a causal connection … Surely this requisite severity can be established by medical or other supporting evidence.

Sato v. Hanlon (In re Hanlon)

557 B.R. 801 · United States Bankruptcy Court, D. Oregon · Aug 15, 2016

Contrary to Plaintiffs conclusory argument, the Court could find no authority which holds that common-law domestic partners are “married” or qualify as each other’s spouses. … App. 451, 455 , 773 P.2d 394, 396 (1989) (privilege and immunities clause), within the relevant time-frame.

Hiser v. Pennsylvania, Department of Public Welfare (In Re St. Mary Hospital)

125 B.R. 422 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 5, 1991

Hoffman establishes that “a State that files no proof of claim .. •. would not be subjected to monetary recovery.” 109 S.Ct. at 2823 (emphasis added). … Presumably, this decision is cited to establish that the Commonwealth and its agencies are distinct entities. However, our decision in St.

Dodson v. Tennessee Student Assistance Corp. (In Re Dodson)

259 B.R. 635 · United States Bankruptcy Court, E.D. Tennessee · Feb 27, 2001

“The Eleventh Amendment confirmed rather than established sovereign immunity as a constitutional principle .... ” Id. … None of these policies clearly address a waiver of sovereign immunity.

Swartling v. Swartling (In Re Swartling)

337 B.R. 569 · United States Bankruptcy Court, E.D. Virginia · Jun 10, 2005

The Supreme Court stated: This Court has observed: “Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction.” … Since the presiding judge was clearly acting within his jurisdiction, he is absolutely immune from any suit that seeks to hold him liable for his judgment whether that judgment is right or wrong. 2 Injunction Judicial immunity

McClarty v. Hatchett (In re Hatchett)

588 B.R. 472 · United States Bankruptcy Court, E.D. Michigan · Apr 18, 2018

Establishing jurisdiction in an action against the United States includes establishing that there has been a waiver of sovereign immunity. U.S. v. Dalm, 494 U.S. 596 , 608, 110 S.Ct. 1361 , 108 L.Ed.2d 548 (1980). … The Ninth Circuit concluded that the text of § 106(a)(1)"is unambiguous and clearly abrogates sovereign immunity as to Section 544(b)(1), including the underlying state law cause of action....

Matter of Kent

190 B.R. 196 · United States Bankruptcy Court, D. New Jersey · Dec 5, 1995

That a motor vehicle surcharge constitutes a debt, rather than “an additional insurance premium”, has been clearly established. Lugo v. … The JUA was established as a non-profit organization. N.J.S.A. 17:30E^4.

Sparkman v. Florida Dept. of Revenue (In Re York-Hannover Developments, Inc.)

181 B.R. 271 · United States Bankruptcy Court, E.D. North Carolina · Apr 18, 1995

Thus, the Eleventh Amendment/sovereign immunity issue presented here is clearly one *273 of congressional abrogation, rather than waiver or consent. In Hoffman v. … Moreover, the constitutional mandate for Congress to establish uniform bankruptcy laws necessarily and expressly displaces state authority.

Russell v. Fort McDowell Yavapai Nation (In Re Russell)

293 B.R. 34 · United States Bankruptcy Court, D. Arizona · May 15, 2003

Franchise Tax Board (In re *42 Mitchell), 209 F.3d 1111, 1118 (9th Cir.2000)(“Congress has clearly expressed its intent to abrogate state sovereign immunity in § 106(a)”); Elias v. … So the courts’ findings of waiver pursuant to that section necessarily hinged on a conclusion that the tribe qualified as a “governmental unit” as defined and used throughout § 106.

In Re Trusko

212 B.R. 819 · United States Bankruptcy Court, D. Maryland · Sep 3, 1997

The federal credit union system was therefore established as an alternative to an unacceptable credit structure, a structure that included banks. … In order to deal with these problems, Congress authorized the establishment of federal credit unions. S.Rep. No. 555, 73d Cong., 2d Sess. (1934).