Berger, In re--Berger v. Pennsylvania
Mar
29
2019
Ruling
Creditor taxing authority did not have sovereign immunity in debtors’ proceeding to removetax liens. (Bankr. W.D. Pa.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Court
:
- 11 U.S.C.
Langston, In re--Langston v. IRS
Mar
27
2019
Ruling
Court dismissed attorney's fees claim where debtors had not exhausted their administrativeremedies prior to filing. (Bankr. E.D. Cal.)
Issue(s)
Waiver of Sovereign Immunity.
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Court
:
- 11 U.S.C.
Indians
Feb
26
2019
Ruling
Dismissal was appropriate where filing of bankruptcy petition did not waive tribal sovereignimmunity as to separate, adversarial fraudulent transfer claims. (6th Cir.)
Issue(s)
Waiver of Sovereign Immunity.
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Judge or Jurisdiction information not available
Hunsaker v. United States
Aug
30
2018
Ruling
Sovereign immunity did not preclude an award of emotional distress damages against the United States for willful violation of the bankruptcy code's automatic stay. (9th Cir.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Judge or Jurisdiction information not available
Copley, In re--Copley v. United States
Sep
13
2017
Ruling
United States is bound by the abrogation of sovereign immunity and may not claim sovereignimmunity in the proceeding as debtors were not acting as trustees and were not seeking thetax refund for the benefit of the estate. (Bankr. E.D. Va)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Court
:
- 11 U.S.C.
DBSI, Inc., In re--Zazzali v. United States
Aug
31
2017
Ruling
Sovereign immunity does not preclude trustee from avoiding the $17 million in tax paymentsthat were fraudulently transferred to the IRS. (9th Cir.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation; Applicability to Certain Code Sections.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Boscarino v. Bd. of Trs. (In re Knight)
Oct
20
2016
Ruling
Sovereign immunity could not be invoked to prevent claw back of tuition payments to statecollege due given abrogation pursuant to Bankruptcy Clause. (Bankr. D. Conn.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation; Applicability to Certain Code Sections.
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Court
:
- 11 U.S.C.
Philadelphia Entmt & Dev. Partners L.P. v. Pennsylvania Dept of Revenue (In re Philadelphia Entmt & Dev. Partners L.P.)
Apr
08
2016
Ruling
Proceeding for turnover of gaming license fees dismissed on grounds of sovereign immunity and the Rooker-Feldman doctrine.
Issue(s)
Was debtor's proceeding to recover gaming license fees and the value of the license which was revoked pre-petition from the state gaming board barred by sovereign immunity.
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Court
:
- 11 U.S.C.
Medina v. Municipality of Carolina (In re Medina)
Nov
12
2015
Ruling
Debtors were barred from claiming emotional distress damages from municipality.
Issue(s)
Could debtors assert a claim on behalf of the estate for emotional distress damages against a municipality based on a breach of a rental agreement?
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Court
:
- 11 U.S.C.
In re Womelsdorf
Jun
11
2015
Ruling
Tribal immunity did not bar application of the Bankruptcy Code.
Issue(s)
Was chapter 7 trustee's order against Native American tribe or its development corporation barred by tribal immunity?
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Court
: