Question

A medical supply company made transfers of property to a state hospital after the company was insolvent. Subsequently, the company filed for bankruptcy in federal bankruptcy court. The bankruptcy trustee, acting pursuant to the federal Bankruptcy Act, sought to recover those transfers. The state hospital, refusing to comply with the trustee's request, asserted that, as a state entity, it was immune from suit by a private individual, despite a provision in the Bankruptcy Act that abrogated state immunity with respect to such transfers. Can the trustee force the state to turn over the transferred property

Answer 1

Answer: Yes, because Congress was acting pursuant to the Bankruptcy Clause of Article I, Section 8, Clause 4, in subjecting the state to the Bankruptcy Act.

Step-by-step explanation:

Bankruptcy Clause of Article I, Section 8, Clause 4 also know as uniform rule of naturalization states to establish a uniform rule of naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; ArtI.S8.C4.1 Naturalization Power.

The trustee can force the state to turn over the transferred property because they act on force the state to turn over the transferred property