Koehler v. Iowa College Student Aid Commission (In Re Koehler)

ORDER DENYING DEFENDANT’S MOTION TO DISMISS COUNT TWO OF PLAINTIFF’S COMPLAINT

NANCY C. DREHER, Bankruptcy Judge.

The above-entitled matter came on for hearing before the undersigned on the motion of Defendant, Iowa College Student Aid Commission (ICSAC), to dismiss Count Two of the Plaintiffs Complaint due to lack of subject matter jurisdiction under the sovereign immunity doctrine of the Eleventh Amendment to the United States Constitution. In light of the recent United States Supreme Court decision in Seminole Tribe of Florida v. Florida, — U.S. -, 116 S.Ct. 1114, 184 L.Ed.2d 252 (1996), the…