Toibb v. Radloff
| Toibb v. Radloff | |
|---|---|
| Argued April 22, 1991 Decided June 13, 1991 | |
| Full case name | Sheldon Baruch Toibb v. Stuart J. Radloff |
| Citations | 501 U.S. 157 (more) 111 S. Ct. 2197; 115 L. Ed. 2d 145; 1991 U.S. LEXIS 3484 |
| Case history | |
| Prior | In re Toibb, 902 F.2d 14 (8th Cir. 1990); cert. granted, 498 U.S. 1060 (1991). |
| Holding | |
| An individual may petition for reorganization under chapter 11 of the United States Bankruptcy Code, even if not engaged in a business. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Blackmun, joined by Rehnquist, White, Marshall, O'Connor, Scalia, Kennedy, Souter |
| Dissent | Stevens |
| Laws applied | |
| 11 U.S.C. § 109(b), (d) | |
Toibb v. Radloff, 501 U.S. 157 (1991), was a case in which the United States Supreme Court held that individuals are eligible to file for relief under the reorganization provisions of chapter 11 of the United States Bankruptcy Code, even if they are not engaged in a business. The case overturned the lower courts ruling which restricted individuals to chapter 7.