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HUNSAKER v. U.S.

No. 16-35991.

902 F.3d 963 (2018)

Jonathan Eldon HUNSAKER; Cheryl Lynn Hunsaker, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2018.

Attorney(s) appearing for the Case

Douglas D. Geyser (argued) and Daniel L. Geyser , Stris & Maher LLP, Los Angeles, California; Keith D. Karnes , Karnes Law Offices P.C., Salem, Oregon; for Plaintiffs-Appellants.

Paul Andrew Allulis (argued) and Thomas J. Clark , Attorneys; David A. Hubbert , Acting Assistant Attorney General; Tax Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellee.

Tara Twomey , National Consumer Bankruptcy Rights Center, San Jose, California, for Amici Curiae National Association of Consumer Bankruptcy Attorneys and National Consumer Bankruptcy Rights Center.

Before: M. Margaret McKeown and Richard A. Paez, Circuit Judges, and Cynthia A. Bashant, District Judge.

OPINION

We must determine whether sovereign immunity precludes an award of emotional distress damages against the United States for willful violation of the Bankruptcy Code's automatic stay. The answer turns on the interplay between two Bankruptcy Code statutes: 11 U.S.C. §§ 106(a) ("Section 106(a)")...

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