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· 3/28/1989

In the Matter of Russell E. Sinclair, Sr. And M. Marguerite Sinclair, Debtors-Appellants

Citations

  • 870 F.2d 1340
  • 1989 U.S. App. LEXIS 4403
  • 19 Bankr. Ct. Dec. (CRR) 386
  • 1989 WL 30122

How courts have described this case

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

  • suggesting that legislative history should only be used to elucidate the meaning of the statutory text
  • enforcing statute prohibiting conversion of bankruptcy case from chap- ter 11 to chapter 12 despite conference report saying conver- sion possible and describing circumstances in which it should occur
  • “To treat the text as conclusive evidence of law is to treat it as law— which under the constitutional structure it is.”
  • ‘‘[o]ften there is so much legislative history that a court can manipulate the mean- ing of a law by choosing which snippets to emphasize’’
  • where farmer debtors sought to convert from Chapter 11 to Chapter 12 despite clear statutory prohibition
  • legislative history may provide context for statutory language and “may be invaluable in revealing the setting of the enactment and the assumptions its authors entertained about how their words would be understood”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Easterbrook, Eschbach

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.