Section 106(a) of the Bankruptcy Code (Norton Annual Survey of Bankruptcy Law, 2009)


This article provides a brief overview of recent cases discussing the intersection of sovereign immunity and bankruptcy, and other areas of law arguably similar to bankruptcy, in connection with section 106(a) of the Bankruptcy Code and the Supreme Court’s precedent in Tennessee Student Assistance Corporation v. Hood1 and Central Virginia Community College v. Katz.

Steven C. Krause and Andrew Zatz, “Section 106(a) of the Bankruptcy Code – Recent Developments in the Law

Regarding Sovereign Immunity Under the Bankruptcy Code,” Norton Annual Survey of Bankruptcy Law (2009), (New York: ThomsonReuters/West), 371-388.

This copyrighted article first appeared in the 2009 edition of the Norton Annual Survey of Bankruptcy Law, published by Thomson/Reuters/West and is reproduced with the permission of West Services, Inc.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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