United States Third Circuit

In bankruptcy actions, 11 U.S.C. section 106 limits the scope of waiver of sovereign immunity, predicated on the filing of a proof of claim, to adversarial claims that are both "property of the estate" and "arise out of the same transaction or occurrence" as the claims set forth in the proof of claim.

Appellate Information

• Argued 12/15/2004
• Decided 02/25/2005
• Published 02/25/2005

Judges

• Before NYGAARD and GARTH, Circuit Judges and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• George E. Rahn, Jr., (Argued), Saul Ewing, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Robert J. Stearn, Jr., Richards Layton & Finger, Wilmington, Warren E. Zirkle, (Argued), McGuire Woods, McLean, VA, for Appellee.