Matter of Greenway

5 Citing cases

  1. Willison v. Race

    192 B.R. 949 (W.D. Mo. 1995)   Cited 20 times
    In Willison v. Race, supra, 192 B.R. at 952, the District Court cited in support of the determination that "motor vehicle" includes a motor boat, inter alia, a Western District of Texas District Court Judge's reversal of the Bankruptcy Court on this issue, see Boyce v. Greenway (In re Greenway), 180 B.R. 179 (W.D.Tex.1995) which itself was subsequently reversed by the United States Court of Appeals for the Fifth Circuit in Boyce v. Greenway (Matter of Greenway), 71 F.3d 1177, 1180 (5th Cir.1996).

    Most recently, in Boyce v. Greenway (In re Greenway), Judge Nowlin of the Western District of Texas held that a motor boat qualified as a "motor vehicle" within the meaning of the bankruptcy statute. Boyce v. Greenway (In re Greenway), 180 B.R. 179 (W.D.Tex. 1995). Judge Nowlin based his conclusion on the public policy informing 11 U.S.C. § 523(a)(9), and on the limited legislative history showing Congress's concern with drunk driving.

  2. In re Soda

    261 B.R. 342 (Bankr. D. Conn. 2001)   Cited 7 times

    As Representative Ehlers remarked: In Willison v. Race, supra, 192 B.R. at 952, the District Court cited in support of the determination that "motor vehicle" includes a motor boat, inter alia, a Western District of Texas District Court Judge's reversal of the Bankruptcy Court on this issue, see Boyce v. Greenway (In re Greenway), 180 B.R. 179 (W.D.Tex.1995) which itself was subsequently reversed by the United States Court of Appeals for the Fifth Circuit in Boyce v. Greenway ( Matter of Greenway), 71 F.3d 1177, 1180 (5th Cir.1996). So it is not only necessary to pass this particular bill to make certain that we include aircraft and watercraft as vehicles whose illegal operations by someone who is drunk or on drugs results in a nondischargeable debt during bankruptcy, but it is also very important to make this clear because the courts have ruled in different fashions in these various cases.

  3. In re Soda

    CASE NO. 97-34762, CHAPTER 7; ADV. PRO. NO. 98-3143, Doc. I.D. No. 13; ADV. PRO. NO. 98-3208, DOC. I.D. NO. 12 (Bankr. D. Conn. Apr. 17, 2001)

    As Representative Ehlers remarked: In Willison v. Race, supra, 192 B.R. at 952, the District Court cited in support of the determination that "motor vehicle" includes a motor boat, inter alia, a Western District of Texas District Court Judge's reversal of the Bankruptcy Court on this issue, seeBoyce v.Greenway (In re Greenway), 180 B.R. 179 (W.D. Tex 1995) which itself was subsequently reversed by the United States Court of Appeals for the Fifth Circuit in Boyce v. Greenway (Matter of Greenway), 71 F.3d 1177, 1180 (5th Cir. 1996). So it is not only necessary to pass this particular bill to make certain that we include aircraft and watercraft as vehicles whose illegal operations by someone who is drunk or on drugs results in a nondischargeable debt during bankruptcy, but it is also very important to make this clear because the courts have ruled in different fashions in these various cases.

  4. In re Soda

    CASE NO. 97-34762 CHAPTER 7 ADV. PRO. NO. 98-3143 Doc. I.D. No. 13 ADV. PRO. NO. 98-3208 DOC. ID. NO. 12 Consolidated for Trial (Bankr. D. Conn. Apr. 17, 2001)

    As Representative Ehlers remarked: In Willison v. Race, supra, 192 B.R. at 952, the District Court cited in support of the determination that "motor vehicle" includes a motor boat, inter alia, a Western District of Texas District Court Judge's reversal of the Bankruptcy Court on this issue, seeBoyce v. Greenway (In re Greenway), 180 B.R. 179 (W.D.Tex 1995) which itself was subsequently reversed by the United States Court of Appeals for the Fifth Circuit in Boyce v. Greenway (Matter of Greenway), 71 F.3d 1177, 1180 (5th Cir. 1996). So it is not only necessary to pass this particular bill to make certain that we include aircraft and watercraft as vehicles whose illegal operations by someone who is drunk or on drugs results in a nondischargeable debt during bankruptcy, but it is also very important to make this clear because the courts have ruled in different fashions in these various cases.

  5. In re Race

    198 B.R. 740 (Bankr. W.D. Mo. 1996)   Cited 4 times

    In so ruling, the district court relied on two other federal district court cases that had addressed the issue and concluded that the term "motor vehicle" includes motorboats. After the district court filed its opinion, one of those cases, Boyce v. Greenway (In re Greenway), 180 B.R. 179 (W.D.Tex. 1995), was reversed in relevant part by the Fifth Circuit Court of Appeals in In re Greenway, 71 F.3d 1177 (5th Cir. 1996), cert. denied, Boyce v. Greenway, ___ U.S. ___, 116 S.Ct. 2499, 135 L.Ed.2d 191 (1996). The Fifth Circuit, which as of the date of this opinion is the only circuit court that has considered the issue, examined the plain language of the statute and concluded that a motorboat is not a "motor vehicle" within the meaning of section 523(a)(9) of the Bankruptcy Code. The Fifth Circuit opined: