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· 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

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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.