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Your search keyword '"Bankruptcy Code of 1978 (11 U.S.C. 106(a))"' showing total 7 results
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7 results on '"Bankruptcy Code of 1978 (11 U.S.C. 106(a))"'

1. TRIBAL SOVEREIGNTY & SOVEREIGN IMMUNITY IN BANKRUPTCY

Author

Desjardins, Justin

Subjects
Government regulation, Sovereign immunity -- Laws, regulations and rules, Collection (Accounting) -- Demographic aspects -- Laws, regulations and rules, Bankruptcy law -- Demographic aspects -- Evaluation, Consumer credit -- Laws, regulations and rules, Tribal government -- Laws, regulations and rules, Payday loans -- Laws, regulations and rules, Tribal sovereignty -- Laws, regulations and rules, Bankruptcy Code of 1978 (11 U.S.C. 106(a))
Abstract

INTRODUCTION In July 2019, Brian Coughlin borrowed $1,100 from a payday lender named Lendgreen. (1) Later that year, Mr. Coughlin filed for bankruptcy and listed his outstanding balance of about [...]

Published
2023

2. The originalist's dilemma: Katz and the new approach to the state sovereign immunity defense.

Author

Enright, Anthony J.

Subjects
Sovereign immunity -- Laws, regulations and rules, Bankruptcy law -- Interpretation and construction, Federalism -- Laws, regulations and rules, Central Virginia Community College v. Katz (126 S. Ct. 990 (2006)), Seminole Tribe v. Florida (517 U.S. 44 (1996)), Government regulation, Bankruptcy Code of 1978 (11 U.S.C. 106(a)), United States Constitution (U.S. Const. art. 1, s. 8, cl. 4)
Published
2006

4. The constitutionality of Section 106: a historical solution to a modern debate.

Author

Sender, Eric R.

Subjects
Exclusive and concurrent legislative powers -- Laws, regulations and rules, Government liability -- Laws, regulations and rules, Bankruptcy law -- Interpretation and construction, Seminole Tribe v. Florida (517 U.S. 44 (1996)), Bankruptcy Code of 1978 (11 U.S.C. 106(a)), United States Constitution (U.S. Const. amend. 11)
Abstract

Recently, it has been claimed that the Supreme Court's interpretation of the 11th Amendment has made Section 106 of the Bankruptcy Code an unconstitutional abrogation of state immunity. The author examines this claim and concludes that this section was not needed due to the uniform requirement of the Bankruptcy Code.

Published
2001

5. Congress may not abrogate the states' Eleventh Amendment sovereign immunity while acting pursuant to the Bankruptcy Clause of Article I.

Author

Parkey, R. Joseph, Jr.

Subjects
State rights -- Cases, Bankruptcy law -- Cases, Government liability -- Cases, Sovereignty -- Cases, Department of Transportation & Development v. PNL Asset Management Co. (In re Estate of Fernandez) (123 F.3d 241 (5th Cir. 1997)), United States Constitution (U.S. Const. amend. 11), Bankruptcy Code of 1978 (11 U.S.C. 106(a))
Published
1998

6. Federal powers after Seminole Tribe: constitutionally bankrupt.

Author

Waxman, Ned W. and Christian, David C., II

Subjects
Government liability -- Cases, Legislative power -- Laws, regulations and rules, Seminole Tribe v. Florida (517 U.S. 44 (1996)), United States Constitution (U.S. Const. amend. 11), United States Constitution (U.S. Const. amend. 14), Bankruptcy Code of 1978 (11 U.S.C. 106(a))
Published
1999

7. Hauling states into bankruptcy court.

Author

Sheppard, Lee A.

Subjects
Bankruptcy law -- Interpretation and construction, State rights -- Analysis, Bankruptcy Code of 1978 (11 U.S.C. 106(a))
Abstract

Issues related state rights and bankruptcy law are examined, focusing on several court interpretations of Bankruptcy Code section 106(a)'s exception to the Eleventh Amendment. Topics include state right of immunity in federal court, the constitutionality of section 106(a), and decisions by the US Supreme Court and the US 4th Circuit Court of Appeals.

Published
2000

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