Sovereign immunity precludes a damages award for emotional distress based on the IRS’s violation of the automatic stay. Hunsaker v. United States, No. 16-386 (D. Or. Oct. 20, 2016). The district court reversed the bankruptcy court’s damage award (blogged here), finding that sovereign immunity can be waived only by “unequivocal, clear statutory language. F.A.A. v. Cooper, 132 S. Ct. 1441, 1448 (2012).” [Read more…] about District Court Oversteps on Issue of Sovereign Immunity in Section 362
Debtors May Recover Damages for Emotional Distress from IRS
Sovereign Immunity does not preclude emotional distress damages for violation of the automatic stay by the IRS. Hunsaker v. United States (In re Hunsaker), 2016 Bankr. LEXIS 134, No. 12-64782, Adv. Proc. 14-6218 (Bankr. D. Or. January 13, 2015). [Read more…] about Debtors May Recover Damages for Emotional Distress from IRS