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· 12/16/2005

United States v. Torres (In Re Torres)

Citations

  • 335 B.R. 20
  • 432 F.3d 20
  • 96 A.F.T.R.2d (RIA) 7398
  • 2005 U.S. App. LEXIS 27768
  • 2005 WL 3451538

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “sovereign immunity bars awards for emotional distress damages against the federal government under [11 U.S.C.]§ 105(a) for any willful violation of [11 U.S.C.]§ 524, and that immunity is not waived by [11 U.S.C.]§ 106”
  • first quoting Dep't of the Army v. Blue Fox, Inc., 525 U.S. 225, 261 (1999); and then quoting Orff v. United States, 545 U.S. 596, 601-602 (2005)
  • \Congress is presumed to know the content of background law.\
  • “The fact that here we are operating under § 158(d) rather than § 1291 makes little difference . . . given the great similarity between an adversary proceeding in bankruptcy and an ordinary civil action.” (quotation marks and alteration omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Lynch, Howard

Read full opinion on CourtListener

Sourced 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.