Central Va. Cmty. College v. Katz
Jan
23
2006
Ruling
Supreme Court affirmed a denial of state institutions of higher education's motion to dismiss an alleged preferential transfers proceeding since Congress pursuant to the Bankruptcy Clause had determined that states were amenable to such proceedings and thus could not use sovereign immunity to bar such proceedings.
Procedural posture
Respondent liquidating supervisor of a bankrupt estate commenced 11 U.S.C. §§ 547(b) and 550(a) proceedings to avoid and recover alleged preferential transfers to petitioner state institutions of higher education. The court of appeals affirmed a denial of a motion to dismiss. Certiorari was granted on the question whether the attempt to abrogate state sovereign immunity in 11 U.S.C. § 106(a) was valid.
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