Legal Opinion

Price v. United States (In Re Price)

District Court, N.D. Illinois

Decided April 1, 1991No. 89 C 7852PublishedCited by 53 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ROVNER, District Judge.

I. INTRODUCTION

The United States of America (the “government”) has appealed from an order of the Bankruptcy Court awarding attorneys’ fees and costs for the Internal Revenue Service's willful violation of the automatic stay of attempts to collect upon the pre-petition obligations of the debtors. In re Price, 103 B.R. 989 (Bankr.N.D.Ill.1989). The government contends that the doctrine of sovereign immunity shields it from the imposition of such an award. For the reasons set forth below, the Court concludes that the government has waived its…

2Cases cited48 opinions

  1. United States v. MitchellSupreme Court of the United States · 1983
  2. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  3. Clark v. BarnardSupreme Court of the United States · 1883
  4. Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
  5. In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989

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3Cited by53 opinions

  1. In Re Theodore R. Price and Ollie P. Price, Debtors. Theodore R. Price and Ollie P. Price v. United StatesCourt of Appeals for the Seventh Circuit · 1994
  2. In Re BriggsUnited States Bankruptcy Court, E.D. Michigan · 1992
  3. In Re: Gordon Sel-Way, Inc., Debtor. Gordon Sel-Way, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 2001
  4. The Security Bank of Marshalltown, Iowa, a Creditor of Robert v. Brown and Sue A. Brown, Debtors v. Donald F. NeimanCourt of Appeals for the Eighth Circuit · 1993
  5. United States Internal Revenue Service v. Mathews (In Re Mathews)Bankruptcy Appellate Panel of the Sixth Circuit · 1997

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