Opinion · Supreme Court of the United States

Willis v. United States

88 L. Ed. 2d 119

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1985-10-07
Topic
general

resolving statutory uncertainty in favor of a “result ... [which is] primarily a pragmatic one — one that ... is most readily capable of use” | defendant's sudden departure from area where drug-laden plane had arrived, without adequate explanation, sufficient to support reasonable suspicion | statement in order that district judge made de novo review of record and all objections to magistrate’s findings and recommendations was sufficient. | probable cause to arrest defendant for possession of contraband on plane came from pilot of plane who displayed defendant's motel room key | mortgage defaults may be cured in chapter 13 even after judgment of foreclosure provided no sale has occurred | stay does not toll running of statutory period for redeeming real estate sold at foreclosure sale | provision of Bankruptcy Code governing bankruptcy court’s general equitable powers, § 105(a), does not empower bankruptcy court to issue stay orders tolling statutory redemption period | § 362(a) does “not toll or extend the running of state statutory periods of redemption following foreclosure sales.” | defendant’s sudden departure from area where drug-laden plane had arrived, without adequate explanation, sufficient to support reasonable suspicion | Section 105 should not be construed to allow a bankruptcy court to use its equitable powers to create rights which do not exist under state law; Section 105 was intended to affect parties' actions rather than undermine state statutes | discussing policy considerations behind § 1322(b) | discussing policy considerations behind Sec. 1322(b)

Citator

Cited by
54 opinions

C. A. 11th Cir. Certiorari denied.