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IN RE ANDERSON

Bankruptcy No. 86-10, Adv. No. 86-34.

70 B.R. 759 (1987)

In re Fletcher L. ANDERSON, Debtor. Fletcher L. ANDERSON, Plaintiff, v. VERMONT DEPARTMENT OF SOCIAL WELFARE, Defendant.

United States Bankruptcy Court, D. Vermont.

February 27, 1987.

Attorney(s) appearing for the Case

D. Nicholson, Nicholson & Taylor, Burlington, Vt., for debtor/plaintiff Fletcher Anderson (Anderson).

R. Shems, Esq., Asst. Atty. Gen., for State of Vermont.

MEMORANDUM DECISION AND ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT AND DISMISSAL

FRANCIS G. CONRAD, Bankruptcy Judge.

The debtor filed a complaint to avoid the State's claim to his Supplemental Social Security Income (SSI) payment. Relying principally on the Eleventh Amendment to the U.S. Constitution, Vermont moved for summary judgment and dismissal. We deny the State's motions because the Bankruptcy Code waives Vermont's sovereign immunity and the complaint...

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