Document Type

Article

Publication Date

6-15-1988

Abstract

Plaintiff-appellant Martin W. Hoffman, as trustee for Willington Convalescent Home, Inc. and for Edward Zera in two separate and unrelated Chapter 7 proceedings under the Bankruptcy Code, 11 U.S.C. § 101 et seq. (1982 & Supp. IV 1986) ("the Code"), commenced adversarial proceedings in the United States Bankruptcy Court for the District of Connecticut (Krechevsky, J.) against defendants-appellees State of Connecticut et al. ("Connecticut" or "the state"). The separate complaints sought to recover $64,010.24 for Willington's services under Connecticut's Medicaid Program and to avoid and recover as a preference $2,100.62 collected in back state sales and use taxes owed by Zera. The bankruptcy court allowed the actions over Connecticut's assertion of immunity from suit in the federal courts under the eleventh amendment of the United States Constitution, finding that Congress had abrogated the state's immunity from these actions in § 106 of the Code, 11 U.S.C. § 106(c).[1] On appeal to the United States District Court for the District of Connecticut (Dorsey, J.), the court reversed the bankruptcy court and ordered that the trustee's suits be dismissed as barred by the eleventh amendment. The trustee appeals from these judgments. We affirm.

Comments

850 F.2d 50 (1988)

In re WILLINGTON CONVALESCENT HOME, INC., Debtor. Martin W. HOFFMAN, Trustee, Plaintiff-Appellant, v. STATE OF CONNECTICUT, DEPARTMENT OF INCOME MAINTENANCE and State of Connecticut, Department of Health Services, Defendants-Appellees, United States of America, Intervenor-Appellee. In re Edward ZERA, Debtor. Martin W. HOFFMAN, Trustee, Plaintiff-Appellant, v. STATE OF CONNECTICUT, DEPARTMENT OF REVENUE SERVICES, Defendant-Appellee, United States of America, Intervenor-Appellee.

Nos. 481, 482, Dockets 87-5021, 87-5023.

United States Court of Appeals, Second Circuit.

Argued January 27, 1988.

Decided June 15, 1988.

New York Law School Location: File # 508, Box # 121

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