Wellman v. Wellman, 112 S. Ct. 339 (1991). · Go Syfert
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Wellman v. Wellman, 112 S. Ct. 339 (1991). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 1993 · …a trustee or a debtor-in-possession of a bankruptcy estate cannot maintain an avoidance action ... unless the estate would be benefitted by the recovery of the transferred property. ⚠ not in text
100 citation events (21 in the last 25 years) across 25 distinct courts.
Strongest positive: Harstad v. First American Bank (In Re Harstad) (mnb, 1993-06-30)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
examined Cited as authority (quoted) Harstad v. First American Bank (In Re Harstad) (2×)
Bankr. D. Minn. · 1993 · quote attribution · 2 verbatim quotes · confidence low
a trustee or a debtor-in-possession of a bankruptcy estate cannot maintain an avoidance action ... unless the estate would be benefitted by the recovery of the transferred property.
discussed Cited "see" Boxall v. Kreb (In Re Boxall) (2×)
E.D. Va. · 1995 · signal: see · confidence high
See Wellman v. Wellman, 933 F.2d 215 (4th Cir.1991), cert. denied, 502 U.S. 925 , 112 S.Ct. 339 , 116 L.Ed.2d 279 (1991). 7 But the bankruptcy court’s next step is sharply disputed here.
discussed Cited "see" Telfair v. Gilberg (2×)
S.D. Ga. · 1994 · signal: see · confidence high
See Tidmore Oil Co. v. BP Oil Co., 932 F.2d 1384, 1387-88 (11th Cir.), cert. denied, 502 U.S. 925 , 112 S.Ct. 339 , 116 L.Ed.2d 279 (1991).
discussed Cited "see" State v. Petrone
Wis. Ct. App. · 1991 · signal: see · confidence high
See State v. Petrone, *224 161 Wis. 2d 530 , 468 N.W.2d 676 , cert. denied, — U.S. —, 112 S. Ct. 339 (1991). 3 Section 940.203, Stats. (1987-88), was repealed and recreated as sec. 948.05, Stats., by secs. 29, 30 and 55, 1987 Wis. Act *225 332, effective July 1,1989.
discussed Cited "see, e.g." Taylor Equipment, Inc. v. John Deere Company (2×)
8th Cir. · 1996 · signal: see also · confidence low
See also Tidmore Oil Co. v. BP Oil Co., 932 F.2d 1384, 1391 (11th Cir.) (no breach of the implied covenant where supplier refused to approve a jobber's expansion under a contract stating that the supplier "must approve each outlet"), cert. denied, 502 U.S. 925 , 112 S.Ct. 339 , 116 L.Ed.2d 279 (1991). 19 Were the Supreme Court of South Dakota to apply the holdings in these cases to this fact setting, it is clear that Midcon's implied covenant claim would fail as a matter of law.
discussed Cited "see, e.g." Taylor Equipment, Inc. v. John Deere Co. (2×)
8th Cir. · 1996 · signal: see also · confidence low
See also Tidmore Oil Co. v. BP Oil Co., 932 F.2d 1384, 1391 (11th Cir.) (no breach of the implied covenant where supplier refused to approve a jobber’s expansion under a contract stating that the supplier “must approve each outlet”), cert. denied, 502 U.S. 925 , 112 S.Ct. 339 , 116 L.Ed.2d 279 (1991).
discussed Cited "see, e.g." Acequia, Inc. v. Clinton (In re Acequia, Inc.) (2×)
9th Cir. · 1994 · signal: see, e.g. · confidence low
See, e.g., Wellman v. Wellman, 933 F.2d 215, 218 (4th Cir.) (“[A] debtor-in-possession of a bankruptcy estate cannot maintain an avoidance action ... unless the estate would be benefit-ted by the recovery of the transferred property.”), cer t. denied, — U.S. -, 112 S.Ct. 339 , 116 L.Ed.2d 279 (1991); Collier, supra pages 10015-16, ¶ 550.02 at 550-6 to 550-7 n. 3 (“The preamble to section 550(a) limits the trustee by permitting recovery only for the benefit of the estate.
discussed Cited "see, e.g." Bankr. L. Rep. P 76,068 in Re Acequia, Inc., an Idaho Corporation, Debtor. Acequia, Inc., an Idaho Corporation v. Vernon B. Clinton, and Rosemary Haley, Acequia, Inc., an Idaho Corporation v. Vernon B. Clinton Rosemary Haley (2×)
9th Cir. · 1994 · signal: see, e.g. · confidence low
See, e.g., Wellman v. Wellman, 933 F.2d 215, 218 (4th Cir.) ("[A] debtor-in-possession of a bankruptcy estate cannot maintain an avoidance action ... unless the estate would be benefitted by the recovery of the transferred property."), cert. denied, --- U.S. ----, 112 S.Ct. 339 , 116 L.Ed.2d 279 (1991); Collier, supra pages 10015-16, p 550.02 at 550-6 to 550-7 n. 3 ("The preamble to section 550(a) limits the trustee by permitting recovery only for the benefit of the estate.
discussed Cited "see, e.g." Pigott v. Lynn
1st Cir. · 1993 · signal: see, e.g. · confidence low
See, e.g., Ramos v. Roche Products, Inc., 936 F.2d 43, 51 (1st Cir.), cert. denied, 112 S. Ct. 339 (1991)(issue which is merely mentioned but not briefed is waived on appeal) 16 Pigott's allegation that attorney Skinner informed him that he was lucky to make bail because the Lynn police generally would have opposed it due to his race does not establish that the police violated his constitutional right to be free from excessive bail, for Pigott says nothing to show that his bail was excessive 17 The reason for the delay is not alleged.
discussed Cited "see, e.g." Professional Helicopter Pilots Ass'n v. Denison (2×)
M.D. Ala. · 1992 · signal: see also · confidence low
Celotex Corp. v. Catrett, 477 U.S. 317, 324 , 106 S.Ct. 2548, 2553 , 91 L.Ed.2d 265 (1986); see also Tidmore Oil Co. Inc. v. BP Oil Co., 932 F.2d 1384, 1387-88 (11th Cir.), cert. denied, — U.S. -, 112 S.Ct. 339 , 116 L.Ed.2d 279 (1991).
Retrieving the full opinion text from the archive…
John G. WELLMAN, Sr.
v.
Arthur O. WELLMAN, Jr.
No. 91-430.
Supreme Court of the United States.
Oct 21, 1991.
112 S. Ct. 339
Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: D. Minnesota (2)

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit.

Denied.