Wilson v. South Carolina State Education Assistance Authority (In Re Wilson)
United States Bankruptcy Court, S.D. Georgia
1Opinion of the Court
ORDER
JOHN S. DALIS, Chief Judge.
By motion, South Carolina State Education Assistance Authority (“South Carolina”) seeks to dismiss this adversary proceeding claiming this Court lacks subject matter jurisdiction. 1 South Carolina claims it is immune from suit under the Eleventh Amendment to the United States Constitution (“Eleventh Amendment”). 2
Sandra Wilson (“Debtor”) filed a Chapter 7 case in this Court on May 10, 2000. South Carolina did not file a proof of claim in the underlying Chapter 7 case. On June 26, 2000, Debtor filed a complaint to determine the debt owed to South Carolina…
2Cases cited49 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- City of Boerne v. FloresSupreme Court of the United States · 1997
- Fitzpatrick v. BitzerSupreme Court of the United States · 1976
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
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3Cited by6 opinions
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- Drivas v. Intuition, Inc. (In Re Drivas)United States Bankruptcy Court, M.D. Florida · 2001
- King v. Florida (In Re King)United States Bankruptcy Court, S.D. Georgia · 2002
- Bozeman v. Department of Revenue of Florida (In Re Bozeman)United States Bankruptcy Court, M.D. Georgia · 2002
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