Legal Opinion
Holden v. United States (In Re Holden)
United States Bankruptcy Court, D. Vermont
Decided October 14, 1998No. 14-10347PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OF DECISION DENYING IRS’ MOTION IN LIMINE TO EXCLUDE EVIDENCE OF MENTAL SUFFERING AND/OR RECONSIDERATION
FRANCIS G. CONRAD, Bankruptcy Judge.
Before us 1 is a motion by IRS, to preclude Debtors from introducing evidence in support of their claim for emotional damages incurred as a result of the IRS’s alleged wilful violation of the automatic stay (Motion).
The Motion is denied because emotional damages may be compensable under § 362(h). 2 Debtors may introduce evidence in support of their claim for damages for emotional distress. The credibility of the expert witnesses and weight…
2Cases cited5 opinions
- Matthews v. United States (In Re Matthews)United States Bankruptcy Court, S.D. Alabama · 1995
- United States v. Flynn (In Re Flynn)District Court, S.D. Georgia · 1995
- Flynn v. Internal Revenue Service (In Re Flynn)United States Bankruptcy Court, S.D. Georgia · 1994
- Davis v. United States (In Re Davis)United States Bankruptcy Court, S.D. Alabama · 1996
- Washington v. Internal Revenue Service (In re Washington)District Court, D. Georgia · 1994
3Cited by13 opinions
- Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
- United States v. Torres (In Re Torres)Court of Appeals for the First Circuit · 2005
- In Re OcasioBankruptcy Appellate Panel of the First Circuit · 2002
- In Re RosaUnited States Bankruptcy Court, D. Massachusetts · 2004
- In Re ShadeUnited States Bankruptcy Court, C.D. Illinois · 2001
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