United States Fifth Circuit

In a bankruptcy case where a bankruptcy debtor asserted that it could pursue tort claims against the United States Department of Agriculture (USDA) that would be barred by the federal government-s sovereign immunity outside of bankruptcy, the court finds that, contrary to a panel's earlier ruling, the FTCA was the exclusive remedy for the tort claims against the government, and Bankruptcy Code section 106 did not provide a substantive or independent basis for asserting a claim against the government.

Appellate Information

• Decided 10/19/2006
• Published 10/19/2006

Judges

• EDITH H. JONES, Chief Judge:**, Before JONES, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Deborah Johnson Race, (argued), Ireland, Carroll & Kelley, Tyler, TX, for Appellant.


• For Appellees:
  
• Mark Bernard Stern, (argued), Dana Joan Martin, U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for Appellees.