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State Sovereign Immunity And The Bankruptcy Code (Part One), Karen Gebbia
State Sovereign Immunity And The Bankruptcy Code (Part One), Karen Gebbia
Publications
This article is the first of a two-part series in which Professor Gebbia-Pinetti considers how the complexities of state sovereign immunity apply to bankruptcy actions. The present article lays the foundation by analyzing the source, scope, and nature of states' immunity from suits filed in federal court to enforce state and federal law. This includes a discussion of traditional sovereign immunity, Eleventh Amendment immunity, abrogation of immunity, and the Supreme Court's decision in Seminole Tribe v. Florida. The second article will consider the extent to which the bankruptcy estate may enforce Bankruptcy Code actions against the states, notwithstanding state sovereign …
State Sovereign Immunity And The Bankruptcy Code (Part Two), Karen Gebbia
State Sovereign Immunity And The Bankruptcy Code (Part Two), Karen Gebbia
Publications
This article is the second of a two-part series in which Professor Gebbia-Pinetti considers how the complexities of state sovereign immunity apply to bankruptcy actions. The first article laid the foundation by analyzing the source, scope, and nature of states' immunity from suits filed in federal, court to enforce state and federal law (Journal of Bankruptcy Law and Practice, September/October 1998). The present article considers the extent to which the bankruptcy estate may enforce Bankruptcy Code actions against the states, notwithstanding state sovereign immunity.