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§ 106(a)(3)

Otoh, In re--Otoh v. Barr

Ruling
Court dismissed governmental defendants as the plaintiff's damages claims were for punitivedamages and court considered such claims under U.S.C.S. § 106(a)(3). (Bankr. N.D. Ga.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation; Order, Process or Judgment.

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Consumer opinion summary, case decided on October 22, 2020 , LexisNexis #1220-027

Medina v. Municipality of Carolina (In re Medina)

Ruling
Debtors were barred from claiming emotional distress damages from municipality.
Issue(s)
Could debtors assert a claim on behalf of the estate for emotional distress damages against a municipality based on a breach of a rental agreement?

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Consumer opinion summary, case decided on November 12, 2015 , LexisNexis #0116-001

Boone v. State (In re Boone)

Ruling
Motion for damages for violation of confirmation order denied as to state officials acting in official capacity and against governmental unit.
Procedural posture

Plaintiff debtor filed a complaint seeking declarative relief and damages for violation of the terms of the order confirming his chapter 13 plan. Defendants, i.e., the State of California; the Governor of California; the County of Alameda, Family Support Division; and the Director of Child Support Services, filed a motion to dismiss themselves as party defendants under Fed. R. Civ. P. 12(b)(6).

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Consumer opinion summary, case decided on January 20, 2010 , LexisNexis #0310-064