· 7/28/1997
Gouveia v. Internal Revenue Service of the United States (In Re Quality Health Care)
Citations
- 215 B.R. 543
- 1997 Bankr. LEXIS 1256
- 80 A.F.T.R.2d (RIA) 5879
- 1997 WL 740718
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- adopting the preponderance-of-evidence standard based on Grogan v. Garner, 498 U.S. 279, 286, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991), which applied that standard to dischargeability-exceptions
- “ ‘In response to the trustee’s [turnover] action, a secured party will have an opportunity to assert defenses that are described in and around Section 542(a). These defenses imply that a secured party need not surrender collateral in the absence of a court order.’” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Kent Lindquist
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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