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11 U.S.C. § 106Waiver of sovereign immunity

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 372 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law strips governmental units of sovereign immunity for many bankruptcy code provisions. Courts can order them to pay money, but never punitive damages. Filing a claim, or having a related claim against the estate, also waives that immunity.

(a) Despite any claim of sovereign immunity, a governmental unit's immunity is removed, to the extent described in this subsection, for the following: (1) A long list of specific sections of this title applies to governmental units, covering matters including automatic stay, sales, contracts, claims, avoiding transfers, discharge, and many other bankruptcy provisions. (2) The court may hear and decide any dispute about how those sections apply to governmental units. (3) The court may issue an order, ruling, or judgment against a governmental unit under those sections or the Federal Rules of Bankruptcy Procedure, including a money judgment — but never an award of punitive damages. Any award of costs or fees against a governmental unit under this title or those rules must follow the limits in section 2412(d)(2)(A) of title 28. (4) Enforcing such an order, ruling, or judgment against a governmental unit must follow the ordinary (non-bankruptcy) law that applies to that unit; a money judgment against the United States itself is paid the same way as a judgment from a United States district court. (5) This subsection does not create any new legal claim that wouldn't otherwise exist under this title, the Federal Rules of Bankruptcy Procedure, or other non-bankruptcy law. (b) A governmental unit that files a proof of claim in the case is treated as having waived sovereign immunity for a claim against it that belongs to the bankruptcy estate and arose from the same transaction or event as the governmental unit's own claim. (c) No matter what sovereign immunity a governmental unit asserts, any claim the bankruptcy estate has against that governmental unit may be offset against that unit's own claim or interest in the case.
the actual law source: uscode.house.gov ↗public domain
(a)

Notwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental unit to the extent set forth in this section with respect to the following:

(1)

Sections 105, 106, 107, 108, 303, 346, 362, 363, 364, 365, 366, 502, 503, 505, 506, 510, 522, 523, 524, 525, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 722, 724, 726, 744, 749, 764, 901, 922, 926, 928, 929, 944, 1107, 1141, 1142, 1143, 1146, 1201, 1203, 1205, 1206, 1227, 1231, 1301, 1303, 1305, and 1327 of this title.

(2)

The court may hear and determine any issue arising with respect to the application of such sections to governmental units.

(3)

The court may issue against a governmental unit an order, process, or judgment under such sections or the Federal Rules of Bankruptcy Procedure, including an order or judgment awarding a money recovery, but not including an award of punitive damages. Such order or judgment for costs or fees under this title or the Federal Rules of Bankruptcy Procedure against any governmental unit shall be consistent with the provisions and limitations of section 2412(d)(2)(A) of title 28.

(4)

The enforcement of any such order, process, or judgment against any governmental unit shall be consistent with appropriate nonbankruptcy law applicable to such governmental unit and, in the case of a money judgment against the United States, shall be paid as if it is a judgment rendered by a district court of the United States.

(5)

Nothing in this section shall create any substantive claim for relief or cause of action not otherwise existing under this title, the Federal Rules of Bankruptcy Procedure, or nonbankruptcy law.

(b)

A governmental unit that has filed a proof of claim in the case is deemed to have waived sovereign immunity with respect to a claim against such governmental unit that is property of the estate and that arose out of the same transaction or occurrence out of which the claim of such governmental unit arose.

(c)

Notwithstanding any assertion of sovereign immunity by a governmental unit, there shall be offset against a claim or interest of a governmental unit any claim against such governmental unit that is property of the estate.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 103–394, title I, § 113, Oct. 22, 1994, 108 Stat. 4117; Pub. L. 111–327, § 2(a)(4), Dec. 22, 2010, 124 Stat. 3557.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2555
  • 1994Amended · Pub. L. 103-394 · 108 Stat. 4117
  • 2010Amended · Pub. L. 111-327 · 124 Stat. 3557

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.

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