Legal Opinion

In Re Ronald Gene South, Debtor. Otasco, Inc. v. United States

Court of Appeals for the Tenth Circuit

Decided October 12, 1982No. 81-1750PublishedCited by 11 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

The only issue in this appeal is the constitutionality of the requirement adopted by the Judicial Conference of the United States, pursuant to 28 U.S.C. § 1930(b), that creditors who initiate adversary bankruptcy proceedings pay a $60 filing fee. 1

Otasco, Inc. operates a retail store in Oklahoma City, through which it sold automobile tires and other personal property to Ronald Gene South and Terry Lynn Kling-man. The sales were made on credit, and Otasco retained a security interest in the goods. Subsequently, South and Klingman separately defaulted on their indebtedness,…

2Cases cited16 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  4. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  5. Boddie v. ConnecticutSupreme Court of the United States · 1971

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
  2. In Re S.T.N. Enterprises, Inc.United States Bankruptcy Court, D. Vermont · 1987
  3. Motor Vehicle Manufacturers Ass'n of United States, Inc. v. O'NeillSupreme Court of Connecticut · 1989
  4. In Re Smith and Son Septic and Sanitation ServiceUnited States Bankruptcy Court, D. Utah · 1988
  5. In Re CoxUnited States Bankruptcy Court, W.D. Missouri · 2008

6 more not listed; retrieve them via the Exa API.

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