Legal Opinion
Hood v. Tennessee Student Assistance Corp. (In Re Hood)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided May 22, 2001No. 00-8062PublishedCited by 20 opinions
1Opinion of the Court
AMENDED OPINION
RHODES, Chief Bankruptcy Appellate Panel Judge.
The Debtor, Pamela L. Hood, filed an adversary proceeding seeking a determination that her debt to the Tennessee Student Assistance Corporation (TSAC) is dis-chargeable under 11 U.S.C. § 523(a)(8). The bankruptcy court denied TSAC’s motion to dismiss based on sovereign immunity and TSAC appealed.
The Panel concludes that as a part of the plan of the Constitutional Convention, the States ceded to Congress their sovereignty over bankruptcy discharge matters. Therefore, the bankruptcy court’s order denying TSAC’s motion to dismiss is…
2Cases cited63 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Grogan v. GarnerSupreme Court of the United States · 1991
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Butner v. United StatesSupreme Court of the United States · 1979
- Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
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3Cited by20 opinions
- Tennessee Student Assistance Corporation v. HoodSupreme Court of the United States · 2004
- In Re Pamela L. Hood, Debtor. Pamela L. Hood v. Tennessee Student Assistance CorporationCourt of Appeals for the Sixth Circuit · 2003
- 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
- Arecibo Community Health Care, Inc. v. Commonwealth Of Puerto RicoCourt of Appeals for the First Circuit · 2001
- Arecibo Community Health Care, Inc. v. Puerto RicoCourt of Appeals for the First Circuit · 2001
15 more not listed; retrieve them via the Exa API.