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.
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
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Bucher v. Dakota Fin. Corp. (In re Whitaker)
Jul
19
2012
Ruling
Indian tribe was immune from adversary proceeding for turnover, but not pursuant to §106.
Procedural posture
Chapter 7 trustees filed four adversary proceedings against defendants, an Indian tribe and a finance corporation formed by the tribe, seeking orders, inter alia, which required the tribe to turn over revenue payments owed to debtors under the tribe's ordinances and the Indian Gaming Regulatory Act. The United States Bankruptcy Court for the District of Minnesota found that the tribe was immune from suit, and the trustees appealed.
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Court
:
Judge or Jurisdiction information not available
Zazzali v. Swenson (In re DBSI Inc.)
Jan
27
2012
Ruling
Sovereign immunity did not apply to prevent trustee's fraudulent transfer claims against state tax agencies.
Procedural posture
Trustee of a liquidation trust created by a bankruptcy plan brought an adversary proceeding against defendant state tax agencies seeking to recover allegedly fraudulent transfers under the law of a state pursuant to 11 U.S.C.S. § 544(b). The agencies moved to dismiss the claims based on state sovereign immunity.
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Court
:
- 11 U.S.C.
Boone v. State (In re Boone)
Jan
20
2010
Ruling
Motion for damages for violation of confirmation order denied as to state officials acting in official capacity and against governmental unit.
Procedural posture
Plaintiff debtor filed a complaint seeking declarative relief and damages for violation of the terms of the order confirming his chapter 13 plan. Defendants, i.e., the State of California; the Governor of California; the County of Alameda, Family Support Division; and the Director of Child Support Services, filed a motion to dismiss themselves as party defendants under Fed. R. Civ. P. 12(b)(6).
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Court
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In re Lykes Bros. S.S. Co.
Jan
16
2009
Ruling
Sovereign immunity with respect to interest portion of distribution order was waived when U.S. did not timely move for relief.
Procedural posture
The plan distribution trustee for the chapter 11 debtor moved to compel the United States to comply with a bankruptcy court order directing the United States to pay the plan distribution trustee a certain sum, which included a sum attributable to interest. The United States opposed the motion and moved for relief from the distribution order pursuant to Fed. R. Civ. P. 60(b)(4) and (5).
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Court
:
In re Supreme Beef Processors Inc.
Oct
19
2006
Ruling
Waiver of sovereign immunity could not be used to create a cause of action that did not exist outside of bankruptcy.
Procedural posture
The District Court for the Eastern District of Texas dismissed the debtor's tort claims against the creditor United States Department of Agriculture as barred by sovereign immunity. On the debtor's appeal, a panel of the Fifth Circuit held that permissive counterclaims could be used as a setoff under 11 U.S.C. § 106(c) as a waiver of sovereign immunity. The case was reconsidered en banc.
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Vermont Dept. of Taxes v. Quality Stores Inc. (In re Quality Stores Inc.)
Oct
04
2006
Ruling
Turnover proceeding against state revenue department was not barred by sovereign immunity.
Procedural posture
Appellee retail store filed an adversary proceeding against appellant Vermont Department of Taxes pursuant to 11 U.S.C. §§ 541, 542 and 505, seeking the turnover of funds for allegedly overpaid sales taxes for two tax years. The State sought review of a decision of the bankruptcy court, which denied its motion to dismiss on the basis of sovereign immunity. The State elected to have its appeal heard by the federal district court.
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Court
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