Legal Opinion
Cohen v. Illinois Department of Public Aid (In Re Ramos)
United States Bankruptcy Court, N.D. Illinois
Decided June 12, 1981No. 17-20200PublishedCited by 14 opinions
1Opinion of the Court
Memorandum and order
JAMES, Bankruptcy Judge.
Illinois Department of Public Aid, defendant, has moved to dismiss the complaint of Melanie Cohen, trustee, and Felicitas Ramos, debtor, for lack of jurisdiction and failure to state a claim upon which relief can be granted. In their complaint the trustee and debtor seek a turnover of funds IDPA allegedly retained as a setoff against funds Ramos owed IDPA. IDPA argues that the Eleventh Amendment prohibits the plaintiffs’ claim in this court against the department unless Illinois has consented to the jurisdiction of this court. Illinois has not filed…
2Cases cited2 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- In Re Visiting Home Services, Inc.Court of Appeals for the Ninth Circuit · 1981
3Cited by14 opinions
- Mcvey Trucking, Inc. v. Secretary Of State Of IllinoisCourt of Appeals for the First Circuit · 1987
- Inslaw, Inc. v. United States (In Re Inslaw, Inc.)District Court, District of Columbia · 1987
- In Re Willington Convalescent Home, Inc., Debtor. Martin W. Hoffman, Trustee v. State of Connecticut, Department of Income Maintenance and State of Connecticut, Department of Health Services, United States of America, Intervenor-Appellee. In Re Edward Zera, Debtor. Martin W. Hoffman, Trustee v. State of Connecticut, Department of Revenue Services, United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1988
- Ellenberg v. DeKalb County (In Re Maytag Sales & Service, Inc.)United States Bankruptcy Court, N.D. Georgia · 1982
- Hoffman v. Connecticut (In Re Willington Convalescent Home, Inc.)United States Bankruptcy Court, D. Connecticut · 1984
9 more not listed; retrieve them via the Exa API.