Denton, In re--Denton v. United States, IRS
Dec
30
2024
Ruling
Sovereign immunity for claims against governmental units regarding violations of the automatic stay waived. (Bankr. E.D. Okla.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Court
:
Miller v. United States
Jun
27
2023
Ruling
The Bankruptcy Code's waiver of sovereign immunity applied to trustee's avoidanceproceeding against the IRS and the underlying state law cause of action. (10th Cir.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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:
Judge or Jurisdiction information not available
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
Jun
15
2023
Ruling
Bankruptcy Code’s unambiguous abrogation of sovereign immunity extends to Native American tribes. (Supreme Court)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Judge or Jurisdiction information not available
Lockhart, In re--Lockhart v. Jackson
Jun
24
2021
Ruling
IRS and Ohio's Child Support Enforcement Agency did not have sovereign immunity fromproceeding for violation of stay. (Bankr. N.D. W. Va.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Otoh, In re--Otoh v. Barr
Oct
22
2020
Ruling
Court dismissed governmental defendants as the plaintiff's damages claims were for punitivedamages and court considered such claims under U.S.C.S. § 106(a)(3). (Bankr. N.D. Ga.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation; Order, Process or Judgment.
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Court
:
Coughlin, In re
Oct
19
2020
Ruling
Motions to enforce stay dismissed as 11 U.S.C §§ 106 and 101(27) lacked the requisite clarityof intent to abrogate tribal sovereign immunity. (Bankr. D. Mass.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Court
:
Loewenstein, In re--Loewenstein v. United States Dep't of Educ.
May
01
2020
Ruling
Adversary proceeding dismissed as defendant as an agency of the United States governmentcould not be sued absent either a waiver of sovereign immunity or its consent. (Bankr. D. Idaho)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Court
:
- 11 U.S.C.
All Resort Grp., Inc., In re--Miller v. United States
Mar
31
2020
Ruling
Sovereign immunity does not preclude the trustee from avoiding transfers to the IRSalthough trustees claim failed as payments were outside the two-year look back period.(Bankr. D. Utah)
Issue(s)
Waiver of Sovereign Immunity; Abrogation; Applicability to Certain Code Sections.
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Court
:
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
:
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