Legal Opinion
In Re Shafer
District Court, D. Kansas
Decided September 21, 1992No. 89-4197, 89-4196, 89-4195 and 89-4200PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CROW, District Judge.
These consolidated bankruptcy appeals present two issues of law: (1) Do bankruptcy courts have civil contempt power? and (2) Has the United States, by the terms of 11 U.S.C. § 106(c), waived its sovereign immunity from monetary relief? Issues of law are reviewed de novo on appeal. In re Branding Iron Motel, 798 F.2d 396, 400 (10th Cir.1986).
These cases involve common and undisputed facts. The debtors received discharges under Chapter 13 or Chapter 7 of the Bankruptcy Code. Thereafter, the United States acting through the Internal Revenue Service or the…
2Cases cited25 opinions
- Hutto v. FinneySupreme Court of the United States · 1979
- United States v. MitchellSupreme Court of the United States · 1980
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- United States v. KingSupreme Court of the United States · 1969
- Missouri v. Jenkins Ex Rel. AgyeiSupreme Court of the United States · 1989
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. Richard A. HornCourt of Appeals for the First Circuit · 1994
- Matthews v. United States (In Re Matthews)United States Bankruptcy Court, S.D. Alabama · 1995
- Abernathy v. United States (In Re Abernathy)United States Bankruptcy Court, N.D. Illinois · 1993
- Brown v. United States Ex Rel. Internal Revenue Service (In Re Brown)United States Bankruptcy Court, S.D. Georgia · 1993
- In Re JonesUnited States Bankruptcy Court, N.D. Texas · 1994
9 more not listed; retrieve them via the Exa API.