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· 3/18/2004

In Re: Sunterra Corporation, Debtor. Rci Technology Corporation, Formerly Known as Resort Computer Corporation v. Sunterra Corporation

Citations

  • 361 F.3d 257
  • 51 Collier Bankr. Cas. 2d 1276
  • 2004 U.S. App. LEXIS 5131
  • 42 Bankr. Ct. Dec. (CRR) 222
  • 2004 WL 527832

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that when plain meaning conflicts with “clearly expressed” congressional intent, a court may look beyond unambiguous statutory language (internal quotation marks omitted)
  • looking for “at least one continuing material duty to the other” at the time petition is filed
  • looking for “at least one continuing material duty to the other” at the time petition is filed
  • “[T]he instances in which either of these exceptions to the Plain Meaning Rule apply are, and should be, exceptionally rare.”
  • “[P]ut simply, the modification of a statutory provision to achieve a preferable policy outcome is a task reserved to Congress.”
  • “[A] court is obliged to apply the Plain Meaning Rule unless the party otherwise can demonstrate that the result would be contrary to that intended by Congress.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Widener, Luttig, King

Read full opinion on CourtListener

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.