Legal Opinion
Wyoming Department of Transportation v. Straight (In Re Straight)
Court of Appeals for the Tenth Circuit
Decided June 9, 1998No. 97-8053PublishedCited by 48 opinions
1Opinion of the Court
JOHN C. PORFILIO, Circuit Judge.
The State of Wyoming, through its Department of Transportation (Department), challenges the jurisdiction of the bankruptcy court to enter an order directing the Department to pay attorneys’ fees and costs related to its violation of stay provisions of the Bankruptcy Code found in 11 U.S.C. §§ 362 and 525. Wyoming claims the sovereign immunity vested in it by the Eleventh Amendment puts its agencies beyond the jurisdictional reach of the bankruptcy court. Sitting in its appellate capacity, the district court disagreed, ruling Congress had the power to abrogate…
2Cases cited14 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Gardner v. New JerseySupreme Court of the United States · 1947
- In Re Creative Goldsmiths of Washington, D.C., Incorporated, Debtor. Roger Schlossberg, Trustee v. State of Maryland, Comptroller of the Treasury, United States Trustee, Party-In-Interest v. United States of America, IntervenorCourt of Appeals for the Fourth Circuit · 1997
- New York v. Irving Trust Co.Supreme Court of the United States · 1933
- Dekalb County Division of Family & Children Services v. Platter (In re Platter)Court of Appeals for the Seventh Circuit · 1998
9 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Sutton v. Utah State School for the Deaf & BlindCourt of Appeals for the Tenth Circuit · 1999
- In re Pegasus Gold Corp.Court of Appeals for the Ninth Circuit · 2005
- Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.Court of Appeals for the Seventh Circuit · 2011
- In Re Coralynn F. Nelson, Debtor-Appellant v. La Crosse County District Attorney (State of Wisconsin) and Tim GruenkeCourt of Appeals for the Seventh Circuit · 2002
- In Re: Charter Oak Associates, Debtor. Neal Ossen, Trustee v. Department of Social Services, State of ConnecticutCourt of Appeals for the Second Circuit · 2004
43 more not listed; retrieve them via the Exa API.