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Coralynn F. Nelson v. La Crosse County District Attorney (State of Wisconsin) and Tim Gruenke (In re Nelson), Adv. No. 99-2189, Case No. 99-21588-7 (09/18/2000) (254 B.R. 436) -- Judge Thomas S. Utschig

Case Summary:
Debtor brought proceeding to prevent state criminal proceedings.  Debtor contended that the criminal prosecution was merely a pretext for collecting a debt which had been discharged in bankruptcy.  The state moved to dismiss the adversary proceeding on the grounds that the Eleventh Amendment to the U.S. Constitution precluded suits against states.  The state cited Seminole Tribe v. Florida, 517 U.S. 44, 116 S. Ct. 1114, 134 L. Ed. 2d 252 (1996), for support.  The bankruptcy court concluded the Eleventh Amendment did not constitute a bar to the proceeding.  On appeal, the district court reversed.

Key Terms:
Eleventh Amendment
Sovereign Immunity


Date: 
Monday, September 18, 2000