stay violation. Moreover, she has not offered any persuasive reason why the Panel, using the temporal analysis mandated by In re Rivera Torres, would find emotional distress damages are available under 11 U.S.C. § 362(k)(l) particularly where the First Circuit, albeit in dicta, noted the contrary. Id. at 28-29. Accordingly, the bankruptcy court did not err in finding that emotional distress damages for violations of the automatic stay were also unavailable against the USDA. Ultimately, to the extent that the Debtor seeks reversal of binding precedent, reconsideration of In re Rivera Torres, if appropriate, must be left to the First Circuit. III. Attorney’s Fees Awarded under 11 U.S.C. § 362(k) From the outset, we recognize that, while the bankruptcy court awarded attorney’s fees u 445 (<HOLDING>). That being said, the USDA asserts that the
holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable holding tcpa is remedial statute and that statutory damages are not punitive damages recognizing bankruptcy courts may appropriately use their statutory contempt power to order monetary relief in the form of actual damages attorney fees and punitive damages when creditors have engaged in conduct that violates 11 usc  524 holding that a plaintiff can seek statutory damages even in the absence of actual damages holding a court may not award punitive damages