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IN RE CHARTER OAK ASSOCIATES

Docket No. 02-5068.

361 F.3d 760 (2004)

In Re: CHARTER OAK ASSOCIATES, Debtor. Neal Ossen, Trustee, Plaintiff-Appellee, v. Department of Social Services, State of Connecticut, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 19, 2004.

Attorney(s) appearing for the Case

Mark F. Kohler, Assistant Attorney General (Richard Blumenthal, Attorney General for the State of Connecticut, on the brief), Hartford, CT, for Defendant-Appellant.

G. Eric Brunstad, Jr., Bingham McCutchen LLP (Rheba Rutkowski, Susan Kim, Tanya Tymchenko, Melissa G. Liazos, on the brief), Hartford, CT, for Plaintiff-Appellee.

Before: WALKER, Chief Judge, LEVAL and CABRANES, Circuit Judges.

JOHN M. WALKER, Jr., Chief Judge.

Section 106 of the Bankruptcy Code purports to abrogate state sovereign immunity under certain circumstances in the bankruptcy context, see 11 U.S.C. § 106(a), and, in the absence of abrogation, to define circumstances under which a state will be deemed to have waived its immunity, see 11 U.S.C. §§ 106(b) and (c). In this case, we must decide whether a state agency's assertion of sovereign immunity precludes...

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