· 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 CourtListenerSourced 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.