Duby v. United States (In re Duby)

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Award of punitive sanctions against government for stay violation was erroneous as sovereign immunity was not waived.
Procedural posture: 
Debtor and defendant, U. S. Department of Agriculture, appealed from a final judgment of the U. S. Bankruptcy Court for the District of New Hampshire, awarding the debtor $11,848.50 for attorney's fees for a violation of the automatic stay and $3,000 as a sanction for a violation of the discharge injunction.
Issue: 
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Consumer case opionion summary, case decided on June 28,2011, LexisNexis #0711-102