Gower v. Farmers Home Administration (In Re Davis)

OPINION TO ACCOMPANY ORDER DENYING MOTION TO DISMISS

ALGIE M. MOSELEY, Jr., Bankruptcy Judge.

The question for decision is whether this adversary proceeding should be dismissed because barred by the doctrine of sovereign immunity. Herein, the question is answered in the negative. The issue arises by reason of Defendant’s motion to dismiss.

In this Chapter 7 case Plaintiff filed a complaint seeking, among other things, to avoid certain alleged transfers and preferences. Plaintiff also alleged a partnership relationship between Debtor and Defendant and that Debtor assumed a fiduciary relationship…