Section 1437d

Citation: Section 1437d
Parent Document: Rucker v. Davis, 237 F.3d 1113 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-01-24
Original Source: https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

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The Bennis Court pointed out that the proceeds from the sale did not exceed the costs of the sale so there was “practically nothing left” for Mrs. Bennis. Id. at 445, 116 S.Ct. 994; id. at 456, 116 S.Ct. 994 (Thomas, J., concurring); id. at 458, 116 S.Ct. 994 (Ginsburg, J., concurring). The Court also noted the equitable nature of the Michigan forfeiture proceeding, and that the state court had taken special note of the fact the Bennises had a second automobile. Id. at 445, 116 S.Ct. 994; id. at 458, 116 S.Ct. 994 (Ginsburg, J., concurring). In this case, there is much more at stake than a negligible financial interest in a family’s second car: these families risk losing their entire property interest in their homes.

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