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TOIBB v. RADLOFF

No. 90-368.

501 U.S. 157 (1991)

TOIBB v. RADLOFF

Supreme Court of the United States.

Decided June 13, 1991.

Attorney(s) appearing for the Case

Peter M. Lieb argued the cause for petitioner. With him on the briefs were Timothy B. Dyk and Jonathan W. Belsky.

Stephen J. Marzen argued the cause for the United States, as respondent under this Court's Rule 12.4, in support of petitioner. With him on the brief were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Roberts, William Kanter, Bruce G. Forrest, and Martha Davis.

James Hamilton, by invitation of the Court, 498 U.S. 1065, argued the cause and filed a brief as amicus curiae in support of the judgment below.

JUSTICE BLACKMUN delivered the opinion of the Court.

In this case we must decide whether an individual debtor not engaged in business is eligible to reorganize under Chapter 11 of the Bankruptcy Code, 11 U. S. C. § 1101 et seq.

I

From March 1983 until April 1985, petitioner Sheldon Baruch Toibb, a former staff attorney with the Federal Energy Regulatory Commission, was employed as a consultant by Independence Electric Corporation (IEC...

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