Legal Opinion
United States v. Torres (In Re Torres)
Court of Appeals for the First Circuit
Decided December 16, 2005No. 04-9006PublishedCited by 77 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
Antonio Rivera Torres and Sofia Villata Sella, debtors, were awarded emotional distress damages by the bankruptcy court against the Internal Revenue Service for the IRS’s violation of a discharge injunction. The Bankruptcy Appellate Panel affirmed, but remanded the case to the bankruptcy court for reconsideration of debtors’ request for attorneys’ fees and litigation costs. The United States appeals only the award of emotional distress damages. We reverse the order awarding emotional distress damages because Congress has not waived the federal government’s sovereign…
2Cases cited46 opinions
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Field v. MansSupreme Court of the United States · 1995
- Lane v. PenaSupreme Court of the United States · 1996
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3Cited by77 opinions
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- Vázquez Laboy v. Doral Mortgage Corp.Court of Appeals for the First Circuit · 2011
- Duby v. United States (In Re Duby)Bankruptcy Appellate Panel of the First Circuit · 2011
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