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TILL v. SCS CREDIT CORP.

No. 02-1016.

541 U.S. 465 (2004)

TILL ET UX. v. SCS CREDIT CORP.

Supreme Court of United States.

Decided May 17, 2004.

Attorney(s) appearing for the Case

Rebecca J. Harper argued the cause for petitioners. With her on the briefs was Annette F. Rush.

David B. Salmons argued the cause pro hac vice for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Keisler, Deputy Solicitor General Clement, Robert M. Loeb, and Anthony A. Yang.

G. Eric Brunstad, Jr., argued the cause for respondent. With him on the brief were John M. Smith and Roger P. Ralph.*

STEVENS, J., announced the judgment of the Court and delivered an opinion, in which SOUTER, GINSBURG, and BREYER, JJ., joined. THOMAS, J., filed an opinion concurring in the judgment, p. 485. SCALIA, J., filed a dissenting opinion, in which REHNQUIST, C. J., and O'CONNOR and KENNEDY, JJ., joined, p. 491.

JUSTICE STEVENS announced the judgment of the Court and delivered an opinion, in which JUSTICE SOUTER, JUSTICE GINSBURG, and JUSTICE BREYER join.

To qualify for court approval under Chapter 13 of the Bankruptcy Code, an individual debtor's proposed debt adjustment plan must accommodate each allowed, secured creditor in one of three ways: (1) by obtaining the creditor's acceptance of the plan; (2) by surrendering the property securing the claim; or (3) by providing...

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