home *** CD-ROM | disk | FTP | other *** search
- Subject: TOIBB v. RADLOFF, Syllabus
-
-
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
-
-
- Syllabus
-
-
-
- TOIBB v. RADLOFF
-
-
- certiorari to the united states court of appeals for the eighth circuit
-
- No. 90-368. Argued April 22, 1991 -- Decided June 13, 1991
-
- Petitioner Toibb filed a voluntary petition for relief under Chapter 7 of
- the Bankruptcy Code, disclosing, inter alia, assets that included stock in
- an electric power company. When he discovered that the stock had
- substantial value, he decided to avoid its liquidation by moving to convert
- his Chapter 7 case to one under Chapter 11's reorganization provisions.
- After the Bankruptcy Court granted his motion, and he filed his
- reorganization plan, that court dismissed his petition, finding that he did
- not qualify for relief under Chapter 11 because he was not engaged in an
- ongoing business. The District Court and the Court of Appeals affirmed.
-
- Held: The Bankruptcy Code's plain language permits individual debtors not
- engaged in business to file for relief under Chapter 11. Toibb is a debtor
- within the meaning of MDRV 109(d), which provides that "a person who may be
- a debtor under chapter 7 . . . except a stockbroker or a commodity broker,
- and a railroad may be a debtor under chapter 11." He is a person who may
- be a Chapter 7 debtor, since only railroads and various financial and
- insurance institutions are excluded from Chapter 7's coverage, and MDRV
- 109(d) makes Chapter 11 available to all entities eligible for Chapter 7
- protection, other than stockbrokers and commodities brokers. Although
- Chapter 11's structure and legislative history indicate that it was
- intended primarily for the use of business debtors, the Code contains no
- ongoing business requirement for Chapter 11 reorganization; and there is no
- basis, including underlying policy considerations, for imposing one. Pp.
- 3-9.
-
- 902 F. 2d 14, reversed.
- Blackmun, J., delivered the opinion of the Court, in which Rehnquist, C.
- J., and White, Marshall, O'Connor, Scalia, Kennedy, and Souter, JJ.,
- joined. Stevens, J., filed a dissenting opinion.
-
- ------------------------------------------------------------------------------