Toibb v. Radloff
1991 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Toibb v. Radloff, 501 U.S. 157 (1991), was a case in which the United States Supreme Court held that individuals are eligible to file for relief under the reorganization provisions of chapter 11 of the United States Bankruptcy Code, even if they are not engaged in a business.[1] The case overturned the lower courts ruling which restricted individuals to chapter 7.
Quick Facts Toibb v. Radloff, Argued April 22, 1991 Decided June 13, 1991 ...
Toibb v. Radloff | |
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Argued April 22, 1991 Decided June 13, 1991 | |
Full case name | Sheldon Baruch Toibb v. Stuart J. Radloff |
Citations | 501 U.S. 157 (more) 111 S. Ct. 2197; 115 L. Ed. 2d 145; 1991 U.S. LEXIS 3484 |
Case history | |
Prior | In re Toibb, 902 F.2d 14 (8th Cir. 1990); cert. granted, 498 U.S. 1060 (1991). |
Holding | |
An individual may petition for reorganization under chapter 11 of the United States Bankruptcy Code, even if not engaged in a business. | |
Court membership | |
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Case opinions | |
Majority | Blackmun, joined by Rehnquist, White, Marshall, O'Connor, Scalia, Kennedy, Souter |
Dissent | Stevens |
Laws applied | |
11 U.S.C. § 109(b), (d) |
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