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Legal Opinion

United States v. Harchar

District Court, N.D. Ohio

Decided September 28, 2005No. 1:02CV79PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OF OPINION AND ORDER DISALLOWING APPEL-LEES’ CLAIM FOR EMOTIONAL DISTRESS DAMAGES UNDER 11 U.S.C. § 362(h) AND REVERSING THE ORDER OF THE BANKRUPTCY COURT WHICH PERMITTED THE APPELLEES TO AMEND THEIR COMPLAINT (NUNC PRO TUNC FOR TYPOGRAPHICAL ERROR)

WELLS, District Judge.

This case focuses on an issue of statutory construction and is before the Court on the United States’ appeal from a decision by Bankruptcy Judge Pat E. Morgen-stern-Clarren to allow Andrea and Kenneth Harchar (collectively the “Harchars”) to amend their complaint to add a claim for emotional distress damages…

2Cases cited42 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. Duncan v. WalkerSupreme Court of the United States · 2001
  4. Perrin v. United StatesSupreme Court of the United States · 1979
  5. Dewsnup v. TimmSupreme Court of the United States · 1992

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3Cited by16 opinions

  1. Garth F. Lansaw v.Court of Appeals for the Third Circuit · 2017
  2. Cousins v. CitiFinancial Mortgage Co. (In Re Cousins)United States Bankruptcy Court, S.D. Ohio · 2009
  3. Harris v. Memorial Hospital (In Re Harris)United States Bankruptcy Court, N.D. Ohio · 2007
  4. In Re PawlowiczUnited States Bankruptcy Court, N.D. Ohio · 2005
  5. Harchar v. United States (In Re Harchar)United States Bankruptcy Court, N.D. Ohio · 2008

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