Bankr. No.:
05-30027
Adv. No.:
05-3006
Chapter:
11
Date of Decision:
January 27, 2006
Issue:
Whether Plaintiff-Debtor’s amended complaint, wherein it sought a declaration regarding its eligibility for certain public funds for FY 2005 and FY 2006, should be dismissed because the Defendant-government agency had not waived sovereign immunity, the Bankruptcy Court lacked subject matter jurisdiction, and the matters were not ripe for adjudication?
Ruling:
The Court found it had jurisdiction to review only the Defendant-government agency’s determination that Plaintiff-Debtor was ineligible for certain funds for FY 2005. The Court also concluded sovereign immunity had been waived under the Administrative Procedures Act, though Plaintiff-Debtor would need to file a second amended complaint to appropriately plead that. The Court dismissed the amended complaint regarding Plaintiff-Debtor’s request for a declaratory judgment regarding its eligibility for FY 2006 funds since that matter was not ripe for adjudication.
Full Bankruptcy Court Decision:
