Legal Opinion
In Re Solis
United States Bankruptcy Court, S.D. New York
Decided February 14, 1992No. 19-22076PublishedCited by 33 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON AWARD OF DAMAGES FOR VIOLATION OF STAY BY IRS
FRANCIS G. CONRAD, Bankruptcy Judge. *
Debtor, a physician, seeks 1 an award of compensatory and punitive damages against IRS for willful violation of the automatic stay provisions of 11 U.S.C. § 362(a), as a result of two abortive postpe-tition attempts by IRS to collect delinquent tax liabilities. That both attempts did indeed violate the automatic stay is undisputed. IRS strongly denies, however, that the violations were either willful, an essential prerequisite to an award of damages under § 362(h), or malicious, a…
2Cases cited28 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- United States v. KingSupreme Court of the United States · 1969
- Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
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3Cited by33 opinions
- University Medical Center v. Sullivan (In re University Medical Center)Court of Appeals for the Third Circuit · 1992
- Shadduck v. RodolakisDistrict Court, D. Massachusetts · 1998
- In Re MartinezDistrict Court, D. Puerto Rico · 1996
- United States v. Lile (In Re Lile)District Court, S.D. Texas · 1993
- In Re NovakUnited States Bankruptcy Court, M.D. Florida · 1997
28 more not listed; retrieve them via the Exa API.