Legal Opinion

In Re Coralynn F. Nelson, Debtor-Appellant v. La Crosse County District Attorney (State of Wisconsin) and Tim Gruenke

Court of Appeals for the Seventh Circuit

Decided August 23, 2002No. 01-1261PublishedCited by 69 opinions

1Opinion of the Court

MANION, Circuit Judge.

Ronald and Coralynn Nelson filed for personal bankruptcy. Although Mrs. Nelson received a discharge, the government filed a separate criminal charge against her for crimes connected with her operation of an incorporated business. Her appeal involves the scope of a State’s sovereign immunity in the bankruptcy context. In this case, she filed an adversary complaint against the State of Wisconsin. The State moved to dismiss, arguing that the Eleventh Amendment barred the suit. The bankruptcy court disagreed, holding that the Eleventh Amendment does not apply to bankruptcy…

2Cases cited45 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  5. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996

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3Cited by69 opinions

  1. St. John's United Church of Christ v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2007
  2. Wisconsin v. Ho-Chunk NationCourt of Appeals for the Seventh Circuit · 2008
  3. In Re Pamela L. Hood, Debtor. Pamela L. Hood v. Tennessee Student Assistance CorporationCourt of Appeals for the Sixth Circuit · 2003
  4. Elaine Marshall v. J. Marshall, IiiCourt of Appeals for the Ninth Circuit · 2013
  5. In Re: Charter Oak Associates, Debtor. Neal Ossen, Trustee v. Department of Social Services, State of ConnecticutCourt of Appeals for the Second Circuit · 2004

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