Document Type

Article

Publication Date

1998

Abstract

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.

Comments

Originally published in the Journal of Bankruptcy Law and Practice. Posted with permission of Thomson Reuters.

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