Legal Opinion

Hoffman v. Connecticut (In Re Willington Convalescent Home, Inc.)

United States Bankruptcy Court, D. Connecticut

Decided April 25, 1984No. 19-20331PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I

ISSUES

This proceeding raises complex issues of constitutional dimension where there is conflicting authority in the courts and no controlling precedent in this circuit. The court is first called upon to resolve the intent of Congress, and the power of Congress to implement that intent, in the Bankruptcy Code provisions which impinge upon the sovereign immunities enjoyed by a State. Thereafter, the court must determine the consequences of the filing of a bankruptcy petition upon the right of a State, postpetition, to “recoup” for…

2Cases cited33 opinions

Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
Quern v. JordanSupreme Court of the United States · 1979
Fitzpatrick v. BitzerSupreme Court of the United States · 1976
United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984

28 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

Mohawk Industries Inc. v. United States (In Re Mohawk Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
Mcvey Trucking, Inc. v. Secretary Of State Of IllinoisCourt of Appeals for the First Circuit · 1987
In Re SolisUnited States Bankruptcy Court, S.D. New York · 1992
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
Connecticut, Department of Income Maintenance v. Hoffman (In Re Willington Convalescent Home, Inc.)District Court, D. Connecticut · 1987

8 more not listed; retrieve them via the Exa API.