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Agreeing with the First Circuit's opinion, the Court held that there is a bad faith exception to the right to convert from Chapter 7 to Chapter 11. According to the Court, "a Chapter 13 proceeding may be either dismissed or converted to a Chapter 7 proceeding 'for cause' and includes a nonexclusive list of 10 causes justifying that relief.
This is a list of Supreme Court of the United States cases in the area of bankruptcy. This list is a list solely of United States Supreme Court decisions about applying law related to bankruptcy. Not all Supreme Court decisions are ultimately influential and, as in other fields, not all important decisions are made at the Supreme Court level.
Gates, the Supreme Court held that the totality of the circumstances test should be used to assess whether an anonymous tip is sufficient to provide probable cause. [10] Writing for a majority of the Court, Justice William Rehnquist explained that a totality test was superior to a bright line rule because magistrates would not be "restricted in ...
The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...
Fourth Amendment does not provide a "murder scene exception" to the warrant-and-probable-cause requirement Parker v. Flook: 437 U.S. 584 (1978) Algorithms and patent law City of Philadelphia v. New Jersey: 437 U.S. 617 (1978) Dormant Commerce Clause prohibits banning importation of trash into a state United States v. John (1978) 437 U.S. 634 (1978)
Case history; Prior: Franks v. State, 373 A.2d 578 (Del. 1977): Subsequent: Franks v. State, 398 A.2d 783 (Del. 1979): Holding; Where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.
Weeks v. United States, 232 U.S. 383 (1914) was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment to the U.S. Constitution. [1]
United States bankruptcy courts function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising under the bankruptcy code, (see ), and bankruptcy cases cannot be filed in state court.