Judge Carlo

In re Torres

In a prior judgment, the court awarded the debtors compensatory damages for travel expenses and emotional distress to remedy a violation of the discharge injunction by the IRS. The United States (government) appealed the determination of emotional damages on sovereign immunity grounds, and it was vacated on appeal. On remand, the court reconsidered the issue in light of the First Circuit's opinion.
Ruling: 
Award of damages against IRS for emotional distress due to violation of discharge injunction vacated due to lack of specific waiver of sovereign immunity.
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Consumer case opionion summary, case decided on October 09,2007, LexisNexis #1207-026
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