· 10/11/2023
Ebby Wade v. the State of Texas
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that property should be valued under 11 U.S.C. § 506 in accordance with a debtor’s proposed use thereof
- holding that “actual use, rather than a foreclosure sale that will not take place, is the proper guide under a prescription hinged to the property’s ‘disposition or use’”
- observing that § 506(a) of the Bankruptcy Code “does speak to the how question” of valuation for specified property (emphasis in original)
- explaining that fair-market value is \generally higher than what a secured creditor could realize pursuing ... foreclosure....\
- stating that the “ ‘proposed disposition or use’ of the collateral is of paramount importance to the valuation question”
- recognizing under §506(a) collateral valued in light of purpose of valuation and proposed disposition or use of such property
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.