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Sovereign Immunity Chapter 7 Bankruptcy Court

Greenberg Glusker LLP

Sovereign Immunity and Younger Abstention Doctrine Don’t Protect States from Antidiscrimination Provisions

Greenberg Glusker LLP on

The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) has held for the first time that neither sovereign immunity nor the Younger abstention doctrine constrain bankruptcy courts from enjoining State governmental disciplinary...more

Ballard Spahr LLP

Supreme Court: No Strong-Arming the Federal Government With State-Law Fraudulent Transfer Claims

Ballard Spahr LLP on

Recently, in the case United States v. Miller, the U.S. Supreme Court held that the sovereign immunity waiver provision in the Bankruptcy Code is jurisdictional only and does not waive the federal government’s sovereign...more

Patterson Belknap Webb & Tyler LLP

Tenth Circuit Holds that Sovereign Immunity Does Not Limit Section 544 Claim

Section 544(b)(1) of the Bankruptcy Code enables a trustee to step into the shoes of a creditor and avoid a transfer “of an interest of the debtor in property” that an unsecured creditor could avoid under applicable state...more

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