Payne v. Wood, 475 U.S. 1085 (1986). · Go Syfert
Payne v. Wood, 475 U.S. 1085 (1986). Cases Citing This Book View Copy Cite
107 citation events (12 in the last 25 years) across 48 distinct courts.
Strongest positive: Yorkaire, Inc. v. Sheet Metal Workers International Ass'n, Local Union No. 19 (paed, 1990-08-17)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
examined Cited as authority (quoted) Yorkaire, Inc. v. Sheet Metal Workers International Ass'n, Local Union No. 19
E.D. Pa. · 1990 · signal: see also · quote attribution · 1 verbatim quote · confidence low
n opinion and award which might be viewed as confusing and subject to various interpretations should not be set aside so long as one of those interpreta 256 tions would support a finding that the award draws its essence from the contract
cited Cited "see" United States v. Battle
5th Cir. · 2007 · signal: see · confidence high
See United States v. Huckaby, 776 F.2d 564, 567 (5th Cir. 1985) (internal citations and quotations omitted), cert, denied, 475 U.S. 1085 , 106 S.Ct. 1468 , 89 L.Ed.2d 724 (1986).
discussed Cited "see" Schechter v. NJ DEPT. OF LAW
N.J. Super. Ct. App. Div. · 2000 · signal: see · confidence high
See In re Hotel & Restaurant Employees & Bartenders Int'l Union Local 54, 203 N.J.Super. 297, 317 , 496 A. 2d 1111 (App.Div.) (noting that "[o]f paramount concern to the Legislature [in enacting the Casino Control Act] was the exclusion from participation in the gaming industry of all persons with known criminal records, habits or associations."), certif. denied, 102 N.J. 352 , 508 A. 2d 223 (1985), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1467 , 89 L.Ed. 2d 723 (1986); see also State of N.J., Dept. of Law & Public Safety, Div. of Gaming Enforcement v. Gonzalez, 142 N.J. 618, 628 , 667 A. 2d 68…
discussed Cited "see" In Re Doyle
Bankr. N.D. Ill. · 1997 · signal: see · confidence high
See Payne v. Wood, 775 F.2d 202, 206 (7th Cir.1985), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1466 , 89 L.Ed.2d 722 (1986); see also In re Wenande, 107 B.R. 770, 772 (Bankr.D.Wyo.1989) (debtors’ generic categorization of “stocks” “mineral interest,” “accounts,” “intangibles,” and “personal property” did not provide adequate notice of the property claimed exempt); In re Wright, 99 B.R. 339, 341-42 (Bankr.N.D.Tex.1989) (it is incumbent on a debtor to specifically identify and value each item claimed as exempt with particularity).
discussed Cited "see" Edward Pavlick v. Jimmy Mifflin
7th Cir. · 1996 · signal: see · confidence high
See Watts v. Laurent, 774 F.2d 168, 173 (7th Cir.1985) (evidence sufficient to hold three guards liable for attack on inmate because guards could have overheard threats made against inmate), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1466 , 89 L.Ed.2d 722 (1986); see also Richardson v. Penfold, 839 F.2d 392, 394-96 (7th Cir.1988) (reversing grant of summary judgment in favor of guard: guard could be liable for the rape of an inmate (Richardson) because he allowed the rapist (Birch) to enter Richardson’s cell despite Richardson’s plea not to be left alone with Birch). 6 As a final note, Miffli…
discussed Cited "see" New Jersey Department of Environmental Protection & Energy v. Occidental Chemical Corp.
N.J. Super. Ct. App. Div. · 1995 · signal: see · confidence high
See Matter of Hotel and Restaurant Emp. and Bartend., 203 N.J.Super. 297, 316 , 496 A.2d 1111 (App.Div.), certif. denied, 102 N.J. 352 , 508 A.2d 223 (1985), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1467 , 89 L.Ed.2& 723 (1986).
cited Cited "see" Matter of Slentz
Bankr. N.D. Ind. · 1993 · signal: see · confidence high
See Payne v. Wood, 775 F.2d 202, 205 (7th Cir.1985), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1466 , 89 L.Ed.2d 722 (1986).
cited Cited "see" Oglesby v. Associates National Mortgage Co. (In Re Oglesby)
Bankr. E.D. Pa. · 1993 · signal: see · confidence high
See Payne v. Wood, 775 F.2d 202, 204-07 (7th Cir.1985), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1466 , 89 L.Ed.2d 722 (1986); and In re B.
discussed Cited "see" Hull v. United States
10th Cir. · 1992 · signal: see · confidence high
See duPont v. Southern Nat’l Bank, 771 F.2d 874, 882-83 (5th Cir.1985) (distinguishing between guardian ad litem and attorney ad litem and holding that only expenses of guardian ad litem are taxable as costs), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1467 , 89 L.Ed.2d 723 (1986); Franz v. Buder, 38 F.2d 605, 607 (8th Cir.1930) (“Where the services as guardian ad litem and as an attorney are rendered by the same person, a separate allowance should be made,for each service; the amount allowed for services as guardian ad litem being taxable as costs and the amount allowed for services as couns…
discussed Cited "see" Hull v. United States
10th Cir. · 1992 · signal: see · confidence high
See duPont v. Southern Nat'l Bank, 771 F.2d 874, 882-83 (5th Cir.1985) (distinguishing between guardian ad litem and attorney ad litem and holding that only expenses of guardian ad litem are taxable as costs), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1467 , 89 L.Ed.2d 723 (1986); Franz v. Buder, 38 F.2d 605, 607 (8th Cir.1930) ("Where the services as guardian ad litem and as an attorney are rendered by the same person, a separate allowance should be made for each service; the amount allowed for services as guardian ad litem being taxable as costs and the amount allowed for services as counsel f…
discussed Cited "see" Osei-Afriyie v. Medical College of Pennsylvania
3rd Cir. · 1991 · signal: see · confidence high
See App. at 64-65. 43 In DuPont v. Southern Nat'l Bank of Houston, Tex., 771 F.2d 874, 882 (5th Cir.1985) (quoting Richardson v. Tyson, 110 Wis. 572, 578 , 86 N.W. 250, 251 (1901)), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1467 , 89 L.Ed.2d 723 (1986), the court wrote: 44 As one court explained, "[T]he infant is always the ward of every court wherein his rights or property are brought into jeopardy, and is entitled to the most jealous care that no injustice be done to him." 45 Since no competent party here had the incentive to draw the district court's attention to the fact that the children sh…
discussed Cited "see" Jose Santiago, Cross-Appellee v. Michael P. Lane, Cross-Appellants
7th Cir. · 1990 · signal: see · confidence high
See Watts v. Laurent, 774 F.2d 168, 171 (7th Cir.1985) (upholding judgment against prison officials where “reasonable people could have differed about whether each of the defendants had sufficient knowledge to realize that a ‘strong likelihood’ of attack existed.”), ce rt. denied, 475 U.S. 1085 , 106 S.Ct. 1466 , 89 L.Ed.2d 722 (1986).
discussed Cited "see" First National Bank of Crosby v. Syrtveit (In Re Syrtveit)
Bankr. D. Mont. · 1989 · signal: see · confidence high
In re Braidis, 27 B.R. 470, 472 (Bankr.E.D.Pa.1983); Bobroff , at 953.” It is material to this proceeding that debtors sign the bankruptcy schedules and statement of affairs “under penalty of perjury”, with the statement that the information supplied was true and correct to the best of their knowledge, information and belief. *598 In re Woodson, 839 F.2d 610 , 614 (9th Cir.1988), specifically admonishes: “As Collier notes, ‘[t]he scheduling of interests in property, both real and personal, is a very important duty, and the intentional and fraudulent omission of property from sworn sc…
discussed Cited "see" E.F. Hutton Group, Inc. v. United States Postal Service
S.D.N.Y. · 1989 · signal: see · confidence high
See duPont v. Southern National Bank, 771 F.2d 874, 881 (5th Cir.1985), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1467 , 89 L.Ed.2d 723 (1986); Duval v. Midwest Auto City, 578 F.2d 721 , 724 (8th Cir.1978); Moore’s ¶41.13[1] at 41-167 & n. 16.
discussed Cited "see" Woodson v. Fireman's Fund Insurance (In re Woodson)
9th Cir. · 1988 · signal: see · confidence high
As Collier notes, “[t]he scheduling of interests in property, both real and personal, is a very important duty, and the intentional and fraudulent omission of property from the sworn schedules will amount to an offense punishable under the Criminal Code....” 3 Collier ¶ 521.06[3], at 521-24; see Payne v. Wood, 775 F.2d 202, 205 (7th Cir.1985) (“[t]he operation of the bankruptcy system depends on honest reporting”), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1466 , 89 L.Ed.2d 722 (1986).
discussed Cited "see" In Re Michael E. Woodson, Debtor. Michael E. Woodson, Debtor-Appellant v. Fireman's Fund Insurance Company, Fireman's Fund Insurance Company v. Michael E. Woodson, Debtor-Appellee
9th Cir. · 1988 · signal: see · confidence high
As Collier notes, "[t]he scheduling of interests in property, both real and personal, is a very important duty, and the intentional and fraudulent omission of property from the sworn schedules will amount to an offense punishable under the Criminal Code...." 3 Collier p 521.06, at 521-24; see Payne v. Wood, 775 F.2d 202, 205 (7th Cir.1985) ("[t]he operation of the bankruptcy system depends on honest reporting"), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1466 , 89 L.Ed.2d 722 (1986).
discussed Cited "see" In Re Fox
Bankr. W.D. Pa. · 1987 · signal: see · confidence high
See Payne v. Wood, 775 F.2d 202 (7th Cir.1985) cert. denied 475 U.S. 1085 , 106 S.Ct. 1466 , 89 L.Ed.2d 722 (1986); In re Davis, 730 F.2d 176 (5th Cir.1984); Matter of Hawkeye Chemical Co., 71 B.R. 315 (Bankr.N.D.Iowa 1987); In re Crownover, 43 B.R. 22 (Bankr.E.D.Mo.1984).
discussed Cited "see, e.g." In Re Rosenzweig
Bankr. N.D. Ill. · 2000 · signal: see also · confidence low
See also Payne v. Wood, 775 F.2d 202, 206 (7th Cir.1985), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1466 , 89 L.Ed.2d 722 (1986); In re Wright, 99 B.R. 339, 341-42 (Bankr.N.D.Tex.1989) (it is incumbent on a debtor to specifically value each item claimed as exempt with particularity); In re Wenande, 107 B.R. 770, 772 (Bankr.D.Wyo.1989) (debtors’ generic categorization of “stocks,” “mineral interest,” “accounts,” “intangibles” and “personal property” did not provide adequate notice of the property claimed exempt).
discussed Cited "see, e.g." In Re Fournier
Bankr. D. Conn. · 1994 · signal: compare · confidence low
Compare In re Yonikus, 996 F.2d at 873-74 (finding that debtor’s failure to list a workers’ compensation claim in his schedules was evidence of his intentional concealment of the asset), and Payne v. Wood, 775 F.2d 202, 205 (7th Cir.1985) (same), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1466 , 89 L.Ed.2d 722 (1986), with Kobaly v. Slone (In re Kobaly), 142 B.R. 743, 749 (Bankr.W.D.Pa.1992) (debtor’s disclosure at meeting of creditors of existence of eminent domain proceeding negated any allegation that debtor attempted to conceal asset by not disclosing its existence in his petition).
discussed Cited "see, e.g." Collins on Behalf of Collins v. Tabet (2×)
N.M. · 1991 · signal: see also · confidence low
See also duPont v. Southern Nat'l Bank of Houston, Texas, 771 F.2d 874 (5th Cir.1985), cert. denied, 475 U.S. 1085 , 106 S.Ct. 1467 , 89 L.Ed.2d 723 (1986).
discussed Cited "see, e.g." Snook v. Trust Company of Georgia Bank of Savannah
11th Cir. · 1990 · signal: see also · confidence low
If the trustee is found to be without liability at the conclusion of the litigation, however, then he may obtain reimbursement, provided that he demonstrates to the satisfaction of the court hearing the case that the fees were "reasonably necessary and proper for the defense or protection of the trust estate." Id.; see also DuPont v. Southern Nat'l Bank of Houston, Texas, 575 F.Supp. 849, 863 (S.D.Tex.1983) (reimbursement for trustee's attorney's fees appropriate when litigation did not result from fault of trustee and fees "constitute 'a fair allowance for the professional work necessary to b…
discussed Cited "see, e.g." Snook v. Trust Co. of Georgia Bank of Savannah, N.A.
11th Cir. · 1990 · signal: see also · confidence low
If the trustee is found to be without liability at the conclusion of the litigation, however, then he may obtain reimbursement, provided that he demonstrates to the satisfaction of the court hearing the case that the fees were “reasonably necessary and proper for the defense or protection of the trust estate.” Id.; see also DuPont v. Southern Nat’l Bank of Houston, Texas, 575 F.Supp. 849, 863 (S.D.Tex.1983) (reimbursement for trustee’s attorney’s fees appropriate when litigation did not result from fault of trustee and fees “constitute ‘a fair allowance for the professional work …
discussed Cited "see, e.g." United States of America v. Lawn Builders of New England, Inc., and James T. Shadoian, United States of America v. James T. Shadoian
1st Cir. · 1988 · signal: see also · confidence low
The documents sought were the sort of records which one would expect a corporation to routinely create, see footnote 1 supra, and in the answer filed in response to the petition for enforcement, Shadoian admitted the existence of the corporation, his status as its president and the fact that both he and the corporation. could be found at the same address. 2 “Once the district court has reason to believe that the requested documents exist, the burden then shifts to the summonee to show that he is not in possession of them.” United States v. Freedom Church, 613 F.2d at 322 (citing Angiulo v.…
Retrieving the full opinion text from the archive…
Payne
v.
Wood
No. 85-1298.
Supreme Court of the United States.
Mar 24, 1986.
475 U.S. 1085

C. A. 7th Cir. Cer-tiorari denied.