green
Positive treatment
19.0 score
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 32 distinct citers.
How cited ↗
cited
Cited "but see"
Kurncz v. Honda North America, Inc.
But see, Sherrod v. Berry, 629 F.Supp. 159 (N.D.Ill.1985), aff'd, 827 F.2d 195 (7th Cir. 1987), vacated and remanded on other grounds, 835 F.2d 1222 (7th Cir.1988).
discussed
Cited "but see"
Nancy Saglimbene v. Venture Industries Corporation, Lawrence Winget, and James Schutz
But see Sherrod v. Berry, 827 F.2d 195, 203 (7th Cir.1987) (motion in limine is sufficient to preserve point for review without renewing objection at time of the testimony), vacated on other grounds, 835 F.2d 1222 (7th Cir.1988); Sheehy v. Southern Pac.
discussed
Cited as authority (rule)
In Re Cormier
Calvert v. Bongards Creameries (In re Schauer), 835 F.2d 1222, 1225 (8th Cir.1987) (trustee only takes rights the debtor had under state law); In re Six, 190 B.R. 958, 961 (Bankr.M.D.Fla.1995) (“the trustee of the estate succeeds to the rights of a Debtor and his rights are not greater nor less than what were the rights of a Debtor prior to the commencement of a case”).
discussed
Cited as authority (rule)
Kovacs v. Sargent (In Re Sargent)
Calvert v Bongards Creameries (In re Schauer), 835 F.2d 1222, 1225 (8th Cir.1987) (§ 363(b)(1) does not authorize trustee to sell property contrary to the restrictions imposed by state law; it is simply an enabling statute that give the trustee the authority to sell or dispose of property if the debtors would have had the same right under state law).
cited
Cited as authority (rule)
In Re Gregerson
Calvert v. Bongards Creameries (In re Schauer), 835 F.2d 1222, 1225 (8th Cir.1987).
discussed
Cited as authority (rule)
Manty v. Miller & Holmes, Inc. (In Re Nation-Wide Exchange Services, Inc.)
The general statutory grant to trustees, of administrative power over property of the estate, does not override the characteristics of that property under nonbankruptcy law, or supplant any limitations on its disposition that applied to it pre-petition. 27 In re Schauer, 835 F.2d at 1225-1226. *154 There was, and literally is, nothing for the Trustee to do but perform the Debtor’s duty: execute a deed to M & H, transferring full record title to it.
cited
Cited as authority (rule)
Grochocinski v. Crossman (In Re Crossman)
The Schauer court noted that § 363(b)(1) merely gave “the trustee the authority to sell or dispose of property if the debtors would have had the same right under state law.” 835 F.2d at 1225.
examined
Cited as authority (rule)
Baum v. Duckor, Spradling & Metzger
(3×)
(Integrated Solutions, supra, 193 B.R. at p. 729 ; FCX, Inc., supra, 853 F.2d at p. 1155; Schauer, supra, 835 F.2d at p. 1225.) In conclusion, Baum Trust’s complaint fails to state facts sufficient to constitute a cause of action against Duckor Spradling because the purported assignment of the bankrupt corporations’ alleged causes of action for legal malpractice and breach of fiduciary duty was not assignable as a matter of California law and sound public policy.
cited
Cited as authority (rule)
In re Bonham
Calvert v Bongards Creameries (In re Schauer), 835 F.2d 1222, 1225 (8th Cir.1987); In re Mantle, 153 F.3d 1082 , 1084 (9th Cir.1998); In re Baquet, 61 B.R. 495, 497-98 (Bankr.D.Mont.1986). .
examined
Cited as authority (rule)
Integrated Solutions, Inc. v. Service Support Specialties, Inc.
(10×)
In reaching its decision, the court held that since state law defined the debtor's interest in property that became part of the estate, "§§ 363(b)(1) and 704 do not conflict with or invalidate the bylaws' restriction on transferability . . . ." 835 F.2d at 1225.
examined
Cited as authority (rule)
Integrated Solutions, Inc. v. Service Support Specialties, Inc.
(5×)
In reaching its decision, the court held that since state law defined the debtor's interest in property that became part of the estate, " §§ 363(b)(1) and 704 do not conflict with or invalidate the bylaws' restriction on transferability...." 835 F.2d at 1225.
examined
Cited as authority (rule)
Integrated Solutions, Inc. v. Service Support Specialties, Inc.
(5×)
In reaching its decision, the court held that since state law defined the debtor’s interest in property that became part of the estate, “ §§ 363(b)(1) and 704 do not conflict with or invalidate the bylaws’ restriction on transfer-ability____” 835 F.2d at 1225.
discussed
Cited as authority (rule)
Integrated Solutions, Inc. v. Service Support Specialties, Inc.
A contrary result would itself contravene the fundamental bankruptcy principle that the estate succeeds to whatever property the debtor possessed outside of bankruptcy, see, e.g., Matter of Sanders, 969 F.2d at 593 (noting the “basic tenet of bankruptcy law that a bankruptcy trustee succeeds only to the title and rights in property that the debtor had”); In re FCX, Inc., 853 F.2d at 1153; In re Schauer, 835 F.2d at 1225; In re Farmers Markets, Inc., 792 F.2d at 1403 ; Collier on Bankruptcy at ¶ 541.06.
cited
Cited as authority (rule)
Magill v. Lyons (In Re Lyons)
Calvert v. Bongards Creameries (In re Schauer), 835 F.2d 1222, 1225 (8th Cir.1987).
cited
Cited as authority (rule)
In Re Schmitt
The court held that the trustee could not transfer or assign the certificates without the board’s approval. 835 F.2d at 1225.
discussed
Cited as authority (rule)
State Bank of Young America v. Bergquist (In re Thaemert)
It is well established that, “to the extent a legal or equitable interest of the debtor in property is limited in the debtor’s hands, it is equally limited in the hands of the trustee.” In re Joliet-Will County Community Action Agency, 58 B.R. 973 (Bktcy.N.D.Ill.1986), aff'd, 78 B.R. 184 (N.D.Ill.1987); Calvert v. Bongards Creameries, 835 F.2d 1222, 1225 (8th Cir.1987).
discussed
Cited as authority (rule)
In Re Fcx, Inc.
As the Eighth Circuit noted in In re Schauer, Sec. 363(b)(1) and Sec. 704 are no more than "enabling statutes that give the trustee the authority to sell or dispose of property if the debtor[ ] would have had the same right under state law." In re Schauer, 835 F.2d at 1225.
discussed
Cited as authority (rule)
Universal Cooperatives, Inc. v. FCX, Inc. (In re FCX, Inc.)
As the Eighth Circuit noted in In re Schemer, § 363(b)(1) and § 704 are no more than “enabling statutes that give the trustee the authority to sell or dispose of property if the debtor[] would have had the same right under state law.” In re Schauer, 835 F.2d at 1225.
discussed
Cited as authority (rule)
Halverson v. MICO, Inc. (In Re Loe)
However, as recognized in this district and affirmed by the Court of Appeals in Bongards, the goal of expeditiously administering estates is subordinate to the basic principle that § 541 of the Bankruptcy Code “does not create new substantive rights in the property of the estate.” In re Schauer, 62 B.R. 526, 532 (D.Minn.1986) and Calvert v. Bongards Creameries, 835 F.2d at 1227.
discussed
Cited "see"
Mayes v. City of Hammond, In
See Sherrod v. Beny, 827 F.2d 195 , 205 (7th Cir.1987), vacated on other grounds, 835 F.2d 1222 (7th Cir.1988) (citing Grandstaff v. City of Borger, 767 F.2d 161 , 171 (5th Cir.1985)); see also Keys v. City of Harvey, No. 92 C 2177, 1996 WL 34422 (N.D.Ill.
discussed
Cited "see"
Sullivan v. Paul (In Re Paul)
See In re Schauer, 835 F.2d 1222 , 1225 (8th Cir.1987); Integrated Solutions, Inc. v. Service Support Specialties, Inc., 124 F.3d 487, 492-94 (3rd Cir.1997) (trustee was not permitted to assign pre-judgment tort claims because state law prohibited such assignment); Grochocinski v. Crossman, 259 B.R. at 307-08 .
cited
Cited "see"
In Re: Graham Square, Inc.
See Calvert v. Bongards Creameries (In re Schauer), 835 F.2d 1222, 1225 (8th Cir.1987).
cited
Cited "see"
Demczyk v. Mutual Life Insurance
See Calvert v. Bongards Creameries (In re Schauer), 835 F.2d 1222, 1225 (8th Cir.1987).
discussed
Cited "see"
Montalvo v. Lapez
See Sherrod v. Berry, 629 F.Supp. 159 (N.D.Ill.1985), aff 'd, 827 F.2d 195 (7th Cir.1987), vacated, 835 F.2d 1222 (7th Cir.1988), rev’d on other grounds, 856 F.2d 802 (7th Cir.1988); and Johnson v. Inland Steel, 140 F.R.D. 367, 372 (N.D.Ill.1992).
discussed
Cited "see"
Michael J. Foley v. City of Lowell, Massachusetts, Michael J. Foley v. City of Lowell, Massachusetts
See Sherrod v. Berry, 827 F.2d 195, 204-05 (7th Cir.1987) (admission of evidence regarding separate suit brought against police officer upheld even though incident giving rise to separate suit occurred one month after the event upon which current litigation was based), vacated on other grounds, 835 F.2d 1222 (7th Cir.), remanded for new trial, 856 F.2d 802 (7th Cir.1988) (en banc); see also Fed.R.Evid. 401 (evidence is relevant so long as it “ha[s] any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it w…
discussed
Cited "see"
Sherrod v. Berry
See Sherrod v. Berry, 827 F.2d 195, 203-04, 216-17 (7th Cir.1987), vacated, 835 F.2d 1222 (7th Cir.1988) 4 Had Sherrod been armed, in my view this evidence should also have been excluded as being more prejudicial than probative
cited
Cited "see"
Sherrod v. Berry
See Sherrod v. Berry, 827 F.2d 195, 203-04, 216-17 (7th Cir.1987), vacated, 835 F.2d 1222 (7th Cir.1988). .
discussed
Cited "see, e.g."
In Re Petters Co., Inc.
See also In re Schauer, 835 F.2d 1222 , 1225 (8th Cir.1987) (as to property of debtor with attributes governed by contract or other source of law, bankruptcy estate succeeds to only those rights granted by nonbankruptcy law that governed pre-petition).
cited
Cited "see, e.g."
Freeman v. Basso
See Integrated Solutions v. Service Support, 124 F.3d 487 , 492-93 (3d Cir.1997); see also In re Schauer, 835 F.2d 1222 , 1225 (8th Cir. 1987).
discussed
Cited "see, e.g."
Dietz v. Phipps (In Re Sunde)
See also, in general, In re Schauer, 835 F.2d 1222 , 1225 (8th Cir.1987) (bankruptcy estate takes contract rights, rights to payment, and intangibles of debtor subject to same conditions and limitations imposed on them by contract or statute that limited them prepetition).
cited
Cited "see, e.g."
Farm Credit Bank of St. Paul v. Halverson (In Re Solberg)
See also In re Schauer, 835 F.2d at 1225.
discussed
Cited "see, e.g."
Pitman v. Thorndike
See, e.g., Sherrod v. Berry, 827 F.2d 195 (1987) (affirming admission of evidence of hedonic value of life in § 1983 action), reh’g granted and vacated, 835 F.2d 1222 (7th Cir.1988), rev’d on other grounds, 856 F.2d 802 (7th Cir.1988) (en banc).
Retrieving the full opinion text from the archive…
Lucien Sherrod, Individually and as Administrator of the Estate of Ronald Sherrod, Deceased
v.
Willie Berry, Frederick Breen and the City of Joliet, a Municipal Corporation
v.
Willie Berry, Frederick Breen and the City of Joliet, a Municipal Corporation
85-3151.
Court of Appeals for the Seventh Circuit.
Jan 4, 1988.
835 F.2d 1222
Published
Lucien SHERROD, Individually and as Administrator of the
Estate of Ronald Sherrod, deceased, Plaintiff-Appellee,
v.
Willie BERRY, Frederick Breen and the City of Joliet, a
municipal corporation, Defendants-Appellants.
No. 85-3151.
United States Court of Appeals,
Seventh Circuit.
Jan. 4, 1988.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division, George N. Leighton, Judge.
Before BAUER, Chief Judge, and CUMMINGS, WOOD, CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.
ORDER
[*~1224]2
On consideration of the petition for rehearing and suggestion for rehearing en banc filed on September 3, 1987, by the defendants-appellants, and the answer filed by the plaintiff-appellee, a vote of the active members of the Court having been requested and a majority of the judges in regular active service[*] having voted to rehear this case en banc,
3
IT IS ORDERED that the aforesaid petition for rehearing and suggestion for rehearing en banc be, and the same is hereby, GRANTED.
[*~1226]4
IT IS FURTHER ORDERED that the panel opinion and the judgment entered August 20, 1987, are hereby VACATED. This case will be reheard en banc at the convenience of the Court.
*
The Honorable Luther M. Swygert, Senior Circuit Judge, was a member of the original panel, but he did not participate in the vote on rehearing en banc