Bankruptcy
Jun. 22, 2021
Bankruptcy estate claims eclipse shield of sovereign immunity
Under the U.S. Constitution, states “maintain certain attributes of sovereignty, including sovereign immunity.”
David S. Kupetz
Shareholder
SulmeyerKupetz PC
333 S Grand Avenue, Suite 3400
Los Angeles , CA 90071-1406
Fax: (213) 629-4520
Email: dkupetz@sulmeyerlaw.com
UC Hastings College of the Law
David is an expert in bankruptcy, business reorganization, restructuring, assignments for the benefit of creditors, and other insolvency solutions.
Under the U.S. Constitution, states "maintain certain attributes of sovereignty, including sovereign immunity." P.R. Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 146 (1993). This includes the 11th Amendment's shield against lawsuits, providing in part that "[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States...
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