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· 2/9/1982

Sylvester v. Dow Jones & Co. (In Re Sylvester)

Citations

  • 19 B.R. 671
  • 6 Collier Bankr. Cas. 2d 586
  • 1982 Bankr. LEXIS 4858
  • 8 Bankr. Ct. Dec. (CRR) 1306

How courts have described this case

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

  • holding that contract debts, even if disputed, are considered liquidated and tort claims are not
  • holding that “disputed unsecured debt is not excluded when determining whether the $100,000 limitation is exceeded”
  • applying Section 109(e) ceiling “even though the debtor dispute[d] all or part of th[e] indebtedness”
  • creditor’s contract claim was liquidated because it was readily ascertainable, and fact that it was disputed was irrelevant
  • “the fact the claim was disputed was not relevant for purposes of section 109(e), and the fact it was subject to defenses and counterclaims was likewise not relevant”
  • claim is liquidated on the date of filing because claim was readily ascertainable and the fact that it was disputed is irrelevant for purposes of determining Chapter 13 eligibility

Source: CourtListener parenthetical corpus (CC0).

Judges: Hughes, Katz, Volinn

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.