RESPONDENT: Timm et al.
LOCATION: North Dakota State Tax Commissioner
DOCKET NO.: 90-741
DECIDED BY: Rehnquist Court (1991-1993)
LOWER COURT: United States Court of Appeals for the Tenth Circuit
CITATION: 502 US 410 (1992)
ARGUED: Oct 15, 1991
DECIDED: Jan 15, 1992
Ronald J. Mann - as amicus curiae, supporting the Respondents
Richard G. Taranto - on behalf of the Respondents
Timothy B. Dyk - on behalf of the Petitioner
Facts of the case
Media for Dewsnup v. TimmAudio Transcription for Oral Argument - October 15, 1991 in Dewsnup v. Timm
Audio Transcription for Opinion Announcement - January 15, 1992 in Dewsnup v. Timm
William H. Rehnquist:
The opinion of the Court in No. 90-741, Dewsnup against Timm will be announced by Justice Blackmun.
Harry A. Blackmun:
Well, this is a bankruptcy case coming to us from the Tenth Circuit.
The petitioner, a Chapter 7 debtor, filed an adversary proceeding asserting the right to strip down, as they called, the respondent's lien on a certain land to the judicially determined value of the collateral.
The Bankruptcy Court entered a judgment of dismissal and the District Court and the Court of Appeals affirmed.
This is not a case that lends itself to announcement from the bench and suffices to say that in an opinion filed with the clerk today, we too affirm the judgment of the courts below.
Justice Scalia has filed a dissenting opinion in which Justice Souter joins.
Justice Thomas took no part in the consideration or decision of the case.