Central Virginia Community College v. Katz
United States Supreme Court
546 U.S. 356 (2006)
Wallace’s Bookstores, Inc. (Wallace’s) submitted a Chapter 11 bankruptcy petition. Prior to the filing, Wallace’s transacted with Central Virginia Community College and other Virginia educational institutions (defendants), which are deemed to be state actors for purposes of sovereign immunity. Bernard Katz (plaintiff) was appointed as the liquidating supervisor of Wallace’s estate. Katz moved the bankruptcy court to set aside certain transfers, alleged to be preferential, from Wallace’s to the defendants. The Virginia schools moved to dismiss the motion on the basis of sovereign immunity. The bankruptcy court denied the motions to dismiss; its decision was affirmed by both the district court and the Court of Appeals for the Sixth Circuit. The Sixth Circuit’s decision was based on its prior determination that Congress abrogated state sovereign immunity in bankruptcy proceedings. The Virginia institutions petitioned the Supreme Court for certiorari.
Rule of Law
Holding and Reasoning (Stevens, J.)
Dissent (Thomas, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 171,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.