Opinion

Citizens National Bank of Evansville v. Foster

  • 668 N.E.2d 1236
  • 1996 Ind. LEXIS 123
  • 1996 WL 450965
Court
Indiana Supreme Court
Filed
Aug 7, 1996
Status
Published
Author
Sullivan
On the bench
Shepard, Debruler, Selby, Sullivan, Dickson
Cited by
40 cases
Authority
More cited than 4.7%

Declined to follow by a later decision, 465 F.3d 309 (2006)

recognizing that the constitutional problem is that the statutes “allows debtors to shield an unlimited amount of assets in a life insurance policy or policies”

How later courts described this case

  • recognizing that the constitutional problem is that the statutes “allows debtors to shield an unlimited amount of assets in a life insurance policy or policies”
  • recognizing that a facial challenge “demands a sweeping pronouncement of the [legislative enactment’s] constitutionality regardless of the factual setting”
  • noting that a facial challenge “demands a sweeping pronouncement of the statute[’s] constitutionality regardless of the factual setting”
  • "'[Clourts will not pass upon a constitutional question, and decide a statute to be invalid, unless a decision upon that very point becomes necessary to the determination of the cause. This court has repeatedly held that questions of this character will not be decided unless such decision is absolutely necessary to a disposition of the cause on its merits.""

Written by the judges who cited it.

Later courts went against this

  • Declined to follow by a later decision, 465 F.3d 309 (2006)

    Accordingly, we reject Stinnett's attempt to relegate Foster to cases involving allegations of asset manipulation by the debtor.
    Court of Appeals for the Seventh CircuitSep 27, 2006Read it

The opinion

SULLIVAN, Justice,

concurring.

Although I dissented in Matter of Zumbrun, 626 N.E.2d 452, 456 (Ind.1993) (Sullivan, J., dissenting), I consider the interpretation of Article I, § 22, of the Indiana Constitution stare decisis for purposes of this opinion and for that reason concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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