UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
CASE NO.: 02-1807-3F7
Adversary No.: 02-136
STUDENT LOAN FINANCE CORPORATION
and FLORIDA DEPARTMENT OF EDUCATION,
ORDER GRANTING MOTION TO DISMISS FILED BY FLORIDA
DEPARTMENT OF EDUCATION
This proceeding is before the Court upon the Motion to Dismiss Complaint for Hardship
Discharge and accompanying memorandum of law filed by Defendant Florida Department of
Education (“FDOE”). Plaintiff did not file a response to the Motion to Dismiss. Upon review of
the record and upon review of FDOE’s Motion to Dismiss, the Court finds it appropriate to grant the
Motion to Dismiss.
Between January 12, 1999 and May 23, 2000 Plaintiff took out six student loans from
IDAPP and NHELP a/k/a Nelnet Loan Services, Inc. (“Nelnet”). FDOE guaranteed the loans.
Nelnet assigned its interest in the loans to FDOE. On July 24, 2002 the Court entered Order
Granting Florida Department of Education’s Motion for Substitution of Parties, substituting FDOE
for Nelnet in the adversary proceeding.
FDOE asserts that as an agency of the State of Florida it has sovereign immunity under the
Eleventh Amendment to the United States Constitution against a § 523(a)(8) adversary proceeding
to determine dischargeability. FDOE also asserts that Congress’ attempt to abrogate this sovereign
immunity is unconstitutional.
THE ELEVENTH AMENDMENT GRANT OF SOVEREIGN IMMUNITY
The Eleventh Amendment Standard
The Eleventh Amendment to the United States Constitution grants states immunity from
suits brought against them in Federal court by their own citizens or by citizens of other states or
nations. See Hans v. Louisiana, 134 U.S. 1, 15, 10 S.Ct. 504, 33 L.Ed. 842 (1890). The Eleventh
Amendment provides: “The Judicial power of the United States shall not be construed to extend to
any suit in law or equity, commenced or prosecuted against one o