IN RE DOIEL

No. Civ. 97-4147.

228 B.R. 439 (1998)

In re Jimmy Allen DOIEL, Debtor. United States of America, Appellant, v. State of Nebraska, Department of Revenue, Appellee.

United States District Court, D. South Dakota, Southern Division.

September 30, 1998.


Attorney(s) appearing for the Case

Craig P. Gaumer, U.S. Attorney's Office, Sioux Falls, SD, for appellant.

Scott M. Perrenoud, Cadwell, Sanford, Deibert & Garry, Sioux Falls, SD, Jim Woodruff, Lincoln, NE, for appellee.

David O. Carter, Sioux Falls, SD, for interested party Jimmy Allen Doiel.

Rick A. Yarnall, Sioux Falls, SD, for interested party, Rick A. Yarnall, Trustee.

David D. Wiest, Attorney General's Office, Pierre, SD, for interested party, Mark W. Barnett, Attorney General.

U.S. Bankruptcy Clerk, Sioux Falls, SD, for interested party, U.S. Bankruptcy Clerk.

Hon. Irvin N. Hoyt, U.S. Bankruptcy Court, Pierre, SD, for interested party, Irvin N. Hoyt.


MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Introduction

This is an appeal from Bankruptcy Court in which this Court must consider the constitutionality of 11 U.S.C. § 106(a), a provision that purportedly abrogates the immunity of the States in certain situations arising in the bankruptcy process. For the following reasons, the Court concludes that section 11 U.S.C. § 106(a) was not passed pursuant to a valid exercise of Congress...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases