Hunsaker et al v. United States
| Cheryl Lynn Hunsaker and Jonathan Eldon Hunsaker |
| United States |
| 6:2016cv00386 |
| March 1, 2016 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Michael J. McShane |
| Bankruptcy Appeals Rule 28 USC 158 |
| 28 U.S.C. ยง 1334 Bankruptcy Appeal |
| None |
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| Document Text |
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Filing
29
Opinion and Order: The bankruptcy court neither erred nor abused its discretion in awarding emotional distress damages to the Hunsakers. Thus, the bankruptcy courts judgment is affirmed. Signed on 6/20/2019 by Judge Michael J. McShane. (cp)
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Filing
19
Opinion and Order: Sovereign immunity bars claims against the federal government seeking emotional distress damages under 11 U.S.C. § 362(k). Therefore, the bankruptcy court lacked jurisdiction to award the Hunsakers emotional distress damages. See F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (Sovereign immunity is jurisdictional in nature.). The judgment of the bankruptcy court is REVERSED. Signed on 10/20/2016 by Judge Michael J. McShane. (cp)
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