Legal Opinion

Mims v. United States (Department of Veterans Affairs) (In Re Craftsmen, Inc.)

United States Bankruptcy Court, N.D. Texas

Decided November 22, 1993No. 19-40936PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

STEVEN A. FELSENTHAL, Bankruptcy Judge.

The plaintiff, Jeffrey H. Mims, the Chapter 7 trustee of the Craftsmen, Inc., seeks to recover from the defendant, United States Department of Veterans Affairs, monies allegedly due as a result of the government’s termination of a contract with Craftsmen. The government moves the court to dismiss the adversary proceeding for lack of subject matter jurisdiction on the grounds of sovereign immunity. The court conducted a hearing on the motion to dismiss on September 13, 1993.

The United States is a sovereign power immune from…

2Cases cited23 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  3. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  4. Russello v. United StatesSupreme Court of the United States · 1983
  5. Pepper v. LittonSupreme Court of the United States · 1939

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3Cited by15 opinions

  1. In Re MartinezDistrict Court, D. Puerto Rico · 1996
  2. Aer-Aerotron, Incorporated, Holmes P. Harden, Trustee-Appellee v. The Texas Department of TransportationCourt of Appeals for the Fourth Circuit · 1997
  3. Official Committee of Unsecured Creditors of Operation Open City v. New York State Department (In Re Operation Open City, Inc.)District Court, S.D. New York · 1994
  4. Koehler v. Iowa College Student Aid Commission (In Re Koehler)United States Bankruptcy Court, D. Minnesota · 1997
  5. Sacred Heart Hospital v. Commonwealth Department of Welfare (In Re Sacred Heart Hospital)United States Bankruptcy Court, E.D. Pennsylvania · 1996

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