Legal Opinion
O'Brien v. State, Agency of Natural Resources (In Re O'Brien)
United States Bankruptcy Court, D. Vermont
Decided February 2, 1998No. 19-10060PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON STATE SOVEREIGN IMMUNITY
FRANCIS G. CONRAD, Bankruptcy Judge.
Vermont moves 1 to dismiss Debtor’s preference action on grounds of sovereign immunity under the Eleventh Amendment to the U.S. Constitution. Determination of this motion forces us to join in the burgeoning national debate over how the Bankruptcy Code is to be implemented in our federal system of coexisting state and federal sovereigns.
That debate, which flared up after the Supreme Court’s recent decision in Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996), has…
2Cases cited7 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Hilton v. South Carolina Public Railways CommissionSupreme Court of the United States · 1991
- Freeman v. AldersonSupreme Court of the United States · 1886
- Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re: Francis O'brien, Debtor. Francis O'Brien v. State of Vermont, Agency of Natural ResourcesCourt of Appeals for the Second Circuit · 1999
- Franchise Tax Board v. Lapin (In Re Lapin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Rainwater v. Alabama (In Re Rainwater)United States Bankruptcy Court, N.D. Alabama · 1999
- Alston v. State Board of Medical Examiners (In Re Alston)United States Bankruptcy Court, D. South Carolina · 1999
- In Re Lake Worth Generation, LLCUnited States Bankruptcy Court, S.D. Florida. · 2004
3 more not listed; retrieve them via the Exa API.