Legal Opinion

In re Miller Farmhome Oil Service, Inc.

United States Bankruptcy Court, D. Nebraska

Decided April 19, 1991No. Bankruptcy Nos. BK86-2539, BK88-40283Published

1Opinion of the Court

JOURNAL ENTRY

JOHN C. MINARAN, Jr., Bankruptcy Judge.

This matter comes before the court to consider the State of Nebraska’s attempt to withdraw its proof of claims from these bankruptcy proceedings in order that it may then rely on its sovereign immunity under the Eleventh Amendment.

The State of Nebraska filed proof of claims in this bankruptcy case on October 2, 1986, in the amount of $113,333.87, on November 5, 1986, in the amount of $3,436.53, and on June 28, 1988 in the amount of $138,364.84. The State objected to confirmation of debtors’ plan (Fil. # 103), participated in the preparation…

2Cases cited4 opinions

  1. Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
  2. In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1982
  3. Brooks Fashion Stores, Inc. v. Michigan Employment Security Commission (In Re Brooks Fashion Stores, Inc.)United States Bankruptcy Court, S.D. New York · 1991
  4. Agnew v. Franchise Tax Board of California (In re Sharon Steel Corp.)District Court, W.D. Pennsylvania · 1990

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