April 17, 2012
- 51 Bankruptcy
- 51IV Effect of Bankruptcy Relief; Injunction and Stay
- 51IV(D) Enforcement of Injunction or Stay
- 51k2467 k. Damages and Attorney Fees.
As damages for distress that he experienced upon receiving notices of levy from the Internal Revenue Service (IRS) in violation of automatic stay shortly before a planned family vacation, Chapter 13 debtor was entitled to reimbursement for the $20.00 that he spent on stomach medication, notwithstanding contention by the Internal Revenue Service (IRS) that, because debtor had taken six hours of sick leave prior to receipt of notices, it was not shown that his stomach troubles were caused by its stay violations.
In re Jha, 461 B.R. 611 (Bankr. N.D. Cal. 2011)
Suggested by Molly McNulty, Senior Attorney Editor, Westlaw