In Re Sheldon Baruch Toibb, Debtor. Appeal of Sheldon Baruch Toibb, 902 F.2d 14 (8th Cir. 1990). · Go Syfert
In Re Sheldon Baruch Toibb, Debtor. Appeal of Sheldon Baruch Toibb, 902 F.2d 14 (8th Cir. 1990). Cases Citing This Book View Copy Cite
14 citation events (4 in the last 25 years) across 11 distinct courts.
Strongest positive: Enriquez v. Gemini Motor Transport LP (azd, 2021-12-14) · Strongest negative: In Re Gordon (paeb, 1991-05-23)
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited "but see" In Re Gordon
Bankr. E.D. Pa. · 1991 · signal: but see · confidence high
But see In re Toibb, 902 F.2d 14 (8th Cir.1990), cert. granted sub nom.
discussed Cited as authority (rule) Enriquez v. Gemini Motor Transport LP
D. Ariz. · 2021 · confidence medium
Odima, 53 F.3d at 1497 (refusing to decide the issue); 12 see also Greenway v. Buffalo Hilton Hotel, 143 F.3d 47, 54 (2d Cir. 1998); Weaver v. Casa 13 Gallardo, Inc., 922 F.2d 1515, 1527 (11th Cir. 1991); Sellers v. Delgado Coll., 902 F.2d 14 1189, 1193 (5th Cir. 1990); Quint v. AE Staley Mfg.
cited Cited "see" Bitisillie v. Haaland
D. Nev. · 2025 · signal: see · confidence high
See Rose v. Wells Fargo & Co., 902 F.2d 14 1417, 1423 (9th Cir. 1990); Nidds v. Schindler Elevator Corp., 113 F.3d 912, 918-19 (9th 15 Cir. 1996).
cited Cited "see" (PC) Ennis v. Herrera
E.D. Cal. · 2020 · signal: see · confidence high
See Jackson v. Bank of Hawai’i, 902 F.2d 14 1385, 1387 (9th Cir. 1990).
discussed Cited "see" In re Maas
Bankr. N.D. Ohio · 1991 · signal: see · confidence high
See In re Toibb, 902 F.2d 14 (8th Cir.1990) (Debtor not engaged in an ongoing business does not qualify for relief under chapter 11) and In re Moog, 774 F.2d 1073 (11th Cir.1985) (chapter 11 bankruptcy was not exclusively for business Debtors and could be utilized by consumer Debtors in certain circumstances).
cited Cited "see" In Re Fricker
Bankr. E.D. Pa. · 1990 · signal: see · confidence high
See In re Toibb, 902 F.2d 14 (8th Cir.1990); Finstrom v. Huisinga, 101 B.R. 997, 998-99 (D.Minn.1989); and In re Jephunneh Lawrence & Associates Chartered, 63 B.R. 318, 321 (Bankr.D.D.C.1986).
Retrieving the full opinion text from the archive…
In Re Sheldon Baruch TOIBB, Debtor. Appeal of Sheldon Baruch TOIBB
89-2120.
Court of Appeals for the Eighth Circuit.
Jun 8, 1990.
902 F.2d 14
Jonathan W. Belsky, Clayton, Mo., for appellant., No brief filed for appellee.
Arnold, Ross, Fagg.
Cited by 14 opinions  |  Published
PER CURIAM.

Sheldon Baruch Toibb appeals the District Court’s affirmance of the Bankruptcy Court’s order dismissing his petition for reorganization under Chapter 11 of the Bankruptcy Code. We affirm.

Mr. Toibb filed a petition in bankruptcy under Chapter 7 of the Code in November of 1986. He then filed a motion to convert his bankruptcy proceeding to one under Chapter 11 eleven months later, and the Bankruptcy Court [1] granted the motion. On March 8, 1988, the Court issued an order to show cause why debtor’s case should not be dismissed for Mr. Toibb’s failure to qualify as a Chapter 11 debtor. The Court, after holding a hearing on the matter, found that debtor was not engaged in an ongoing business, as required to qualify for Chapter 11 relief under Wamsganz v. Boatmen’s Bank of DeSoto, 804 F.2d 503 (8th Cir.1986). It then ordered debtor to convert his case back to a Chapter 7 proceeding within 10 days, or the case would be dismissed. Mr. Toibb then appealed the Bankruptcy Court’s decision to the District Court, [2] where the decision was affirmed.

Mr. Toibb now appeals to this Court from the District Court’s affirmance. He argues that the Bankruptcy Court erred (1) in dismissing his case sua sponte, without any such request from his creditors, (2) alternatively, by holding that Chapter 11 relief is available to businesses only; and (3) by finding that he was not engaged in an ongoing business for the purposes of eligibility under Chapter 11. We conclude that the Bankruptcy Court did have authority to dismiss the proceeding sua sponte, and that the Bankruptcy Court was controlled by Wamsganz, 804 F.2d 503. We can also find no error in the Bankruptcy Court’s finding that Mr. Toibb did not qualify as a business entitled to Chapter 11 protection.

Affirmed. See 8th Cir.R. 47B.

1

. The Hon. Barry S. Schermer, United States Bankruptcy Judge for the Eastern District of Missouri.

2

. The Hon. Stephen M. Limbaugh, United States District Judge for the Eastern and Western Districts of Missouri.