Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

The bankruptcy code is vast and it can be widely interpreted. Sometimes provisions within the constitutions itself can create conflict in applying the bankruptcy code,

The bankruptcy code is vast and it can be widely interpreted. Sometimes provisions within the constitutions itself can create conflict in applying the bankruptcy code, especially to state agencies that may assert state's right under sovereign immunity. In 2006 the Supreme Court of the United States (SCOTUS) decided in Central Va. Community College v. Katz by a narrow margin of 5-4 that the state's sovereign immunity did not superseded the intent of the bankruptcy code. Therefore, a state agency cannot use sovereign immunity as a defense from being sued by an individual due to the responsibilities in the bankruptcy code. Explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Company Law

Authors: Brenda Hannigan

6th Edition

0198848498, 978-0198848493

More Books

Students also viewed these Law questions

Question

1. Whats your opinion, Joel? or Does anyone have another opinion?

Answered: 1 week ago