United States First Circuit

Sovereign immunity bars awards for emotional distress damages against the federal government under Bankruptcy Code section 105(a) for any willful violation of Bankruptcy Code section 524, and sovereign immunity is not waived by Bankruptcy Code section 106.

Appellate Information

• Decided 12/16/2005
• Published 12/16/2005

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, LYNCH, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas J. Clark, Attorney, Tax Division, with whom Bethany B. Hauser, Attorney, Tax Division, Eileen J. O'Connor, Assistant Attorney General, and Of Counsel, H.S. Garcia, United States Attorney, were on brief, for appellant.


• For Appellees:
  
• Irving K. Hernandez Valls for appellees.