Legal Opinion
In Re Theodore R. Price and Ollie P. Price, Debtors. Theodore R. Price and Ollie P. Price v. United States
Court of Appeals for the Seventh Circuit
Decided December 14, 1994No. 93-3133PublishedCited by 95 opinions
1Opinion of the Court
HARLINGTON WOOD, Jr., Circuit Judge.
Within the context of a Chapter 13 bankruptcy proceeding, Theodore Price and his wife, Ollie Price, brought an action against the United States seeking attorneys’ fees and costs for the Internal Revenue Service’s post-petition violation of an automatic stay.
The bankruptcy court held that sovereign immunity was waived by the United States under Section 106 of the Bankruptcy Code, and that the debtors were entitled to damages for the stay violation. The district court affirmed and remanded the case for entry of the amount of the award. The bankruptcy court…
2Cases cited16 opinions
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- United States v. SherwoodSupreme Court of the United States · 1941
- United States v. MitchellSupreme Court of the United States · 1983
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Ruckelshaus v. Sierra ClubSupreme Court of the United States · 1983
11 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- In Re: Kaiser Group International Inc., Debtor International Finance Corporation v. Kaiser Group International Inc., Frank J. Perch, Iii, TrusteeCourt of Appeals for the Third Circuit · 2005
- United States v. Murdock MacHine and Engineering Company of Utah, Logan A. Bagley, Trustee for Murdock MacHine and Engineering Company of UtahCourt of Appeals for the Tenth Circuit · 1996
- Eskanos & Adler, P.C. v. Roman (In Re Roman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- In Re: Gordon Sel-Way, Inc., Debtor. Gordon Sel-Way, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 2001
90 more not listed; retrieve them via the Exa API.