Legal Opinion
In Re: Charter Oak Associates, Debtor. Neal Ossen, Trustee v. Department of Social Services, State of Connecticut
Court of Appeals for the Second Circuit
Decided March 19, 2004No. Docket 02-5068PublishedCited by 64 opinions
1Opinion of the Court
JOHN M. WALKER, Jr., Chief Judge.
Section 106 of the Bankruptcy Code purports to abrogate state sovereign immunity under certain circumstances in the bankruptcy context, see 11 U.S.C. § 106(a), and, in the absence of abrogation, to define circumstances under which a state will be deemed to have waived its immunity, see 11 U.S.C. §§ 106(b) and (c). In this case, we must decide whether a state agency’s assertion of sovereign immunity precludes the adjudication under § 106(c) of a claim asserted by a bankruptcy trustee against that agency to offset recovery by another agency of the same state…
2Cases cited36 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Duncan v. WalkerSupreme Court of the United States · 2001
- Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
31 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Meyers ex rel. Benzing v. TexasCourt of Appeals for the Fifth Circuit · 2005
- Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.Court of Appeals for the Seventh Circuit · 2011
- Evelyn Coke v. Long Island Care at Home, Ltd., and Maryann OsborneCourt of Appeals for the Second Circuit · 2004
- Islander East Pipeline Company, LLC v. State of Connecticut Department of Environmental ProtectionCourt of Appeals for the Second Circuit · 2006
- Beaulieu v. State of VermontCourt of Appeals for the Second Circuit · 2015
59 more not listed; retrieve them via the Exa API.