· 2/6/2001
Laura Anne Aiello v. Providian Financial Corp.
Citations
- 239 F.3d 876
- 45 Collier Bankr. Cas. 2d 591
- 2001 U.S. App. LEXIS 1664
- 37 Bankr. Ct. Dec. (CRR) 109
- 2001 WL 101533
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plaintiff must first show that she suffered a financial loss before being “permitted to piggyback a claim for damages for incidental emotional distress”
- stating that the automatic stay is “financial in character: it is not protection of peace of mind”
- concluding that emotional damages are not compensa-ble
- recognizing “a high threshold for proof of damages for emotional distress”
- recognizing “a high threshold for proof of damages for emotional distress”
- “[Bankruptcy judges are not selected with reference to their likely ability to evaluate claims of emotional injury”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Easterbrook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.