Legal Opinion
New Jersey v. Yeutseun Chen (In Re Yeutseun Chen)
District Court, D. New Jersey
Decided December 18, 1998No. Civ.A. No. 98-1783(SMO), Bankruptcy No. 96-19633(JHW), Adversary No. 97-1049(JHW)PublishedCited by 4 opinions
1Opinion of the Court
OPINION
ORLOFSKY, District Judge.
Plaintiff/Appellant, the State of New Jersey (“New Jersey” pr the “State”), has filed an appeal from the decision of United States Bankruptcy Court Judge, Judith H. Wizmur, denying the State’s motion for reconsideration. 1 For the first time on appeal, New Jersey argues that its Eleventh Amendment sovereign immunity bars the United States Bankruptcy Court from exercising jurisdiction over the State to discharge the debt owed to it by the Debtor, Yeutseun Chen. This argument presents this Court with a novel and difficult issue for resolution, that is, does a…
2Cases cited31 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Allen v. McCurrySupreme Court of the United States · 1980
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Sosna v. IowaSupreme Court of the United States · 1975
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
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3Cited by4 opinions
- In Re RaphaelDistrict Court, D. New Jersey · 1999
- In Re RaphaelUnited States Bankruptcy Court, D. New Jersey · 1999
- Janc v. Coordinating Board for Higher Education (In Re Janc)United States Bankruptcy Court, W.D. Missouri · 2000
- Gray v. Florida State University (In Re Dehon, Inc.)United States Bankruptcy Court, D. Massachusetts · 2005