· 2/24/1988
Wjm, Inc., Etc. v. Massachusetts Department of Public Welfare
Citations
- 840 F.2d 996
- 1988 U.S. App. LEXIS 2277
- 17 Bankr. Ct. Dec. (CRR) 468
- 1988 WL 12928
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \[A]n effective waiver [of Eleventh Amendment immunity] . . . may occur even when the waiving party is between a rock and a hard place.\
- there is a consensus that “ordinary course of business” encompasses recurring, customary credit transactions
- “[A]n effective waiver [of Eleventh Amendment immunity] ... may occur even when the waiving party is between a rock and a hard place.”
- Section 106(a) gives notice that by choosing to file a claim and enter the bankruptcy court’s exclusive domain, a state must pay the price of waiving immunity
- “to be considered mutua], ‘debts must be in the same right and between the same parties, standing in the same capacity.’ ”
- debtor nursing home claim against state department of public welfare for medicare reimbursement did not arise out of same transaction or occurrence as the state department of revenue’s back tax claim against debtor
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Garth, Selya
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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