Nat'l Am. Ins. Co. Gulf Ins. Co. v. Ruppert Landscaping Co., Inc., 187 F.3d 439 (4th Cir. 1999). · Go Syfert
Nat'l Am. Ins. Co. Gulf Ins. Co. v. Ruppert Landscaping Co., Inc., 187 F.3d 439 (4th Cir. 1999). Cases Citing This Book View Copy Cite
162 citation events (156 in the last 25 years) across 38 distinct courts.
Strongest positive: Cooper v. NPL Construction Co. (mdd, 2024-03-11)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Cooper v. NPL Construction Co.
D. Maryland · 2024 · quote attribution · 1 verbatim quote · confidence high
if a cause of action is part of the estate of the bankruptcy then the trustee alone has standing to bring that claim.
discussed Cited as authority (verbatim quote) Giron v. Zeytuna, Inc.
D.D.C. · 2022 · quote attribution · 1 verbatim quote · confidence high
if a cause of action is part of the estate of the bankrupt then the trustee alone has standing to bring that claim.
discussed Cited as authority (verbatim quote) Labgold v. Regenhardt
Bankr. E.D. Va. · 2017 · quote attribution · 1 verbatim quote · confidence high
if a cause of action is part of the estate of the bankrupt then the trustee alone has standing to bring that claim.
discussed Cited as authority (verbatim quote) Shipman v. Kruck
Va. · 2004 · quote attribution · 1 verbatim quote · confidence high
if a cause of action is part of the estate of the bankrupt then the trustee alone has standing 504 to bring that claim.
discussed Cited as authority (verbatim quote) Keener Lumber Co., Inc. v. Perry
N.C. Ct. App. · 2002 · quote attribution · 1 verbatim quote · confidence high
f a cause of action is part of the estate of the bankrupt then the trustee alone has standing to bring that claim
discussed Cited as authority (rule) Whittaker Clark & Daniels v.
3rd Cir. · 2026 · confidence medium
Co. v. Ruppert Landscaping Co., Inc., the Fourth Circuit held that creditors lacked standing to assert successor liability claims because they were “so similar in ob- ject and purpose to [fraudulent transfer] claims that the trustee could bring in bankruptcy court.” 187 F.3d 439, 441 (4th Cir. 1999) (Wilkinson, J.).
discussed Cited as authority (rule) In re: Law Enforcement Officers Security Union
Bankr. W.D. Pa. · 2026 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999); cf. Hatchett v. United States, 330 F.3d 875, 886 (6th Cir. 2003)(while trustee has exclusive right to bring fraudulent conveyance action during bankruptcy case, once the bankruptcy proceedings conclude, a creditor may assert fraudulent conveyance claims).
cited Cited as authority (rule) Alicia Ann Mahar v. New Rez LLC d/b/a Shellpoint Mortgage Servicing, US National Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corp., CSAP Mortgage-Backed Pass-Through Certificates, Series 2006-3 (as identified in Annex 3 to the Credit Suisse DOJ Settlement)
Bankr. E.D. Va. · 2026 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999); Wissman v. Pittsburgh Nat’l Bank, 942 F.2d 867, 869 (4th Cir. 1991)).
cited Cited as authority (rule) Sims v. D.R. Horton
D. Maryland · 2025 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999).
cited Cited as authority (rule) Hubbard v. TransUnion, LLC
W.D.N.C. · 2025 · confidence medium
Ins. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999).
discussed Cited as authority (rule) ClubX, LLC (2×)
Bankr. E.D. Va. · 2024 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999) (holding that because a fraudulent conveyance action was property of the estate, individual creditors' claims were “so similar in object and purpose to claims that the trustee could bring in bankruptcy court that the [creditors] lack standing to pursue these claims”); Poth v. Rossey, 99 Fed.Appx. 446 (4th Cir. Mar. 30, 2004) (holding that only trustee had standing to bring breach of fiduciary duty claim).
cited Cited as authority (rule) Singh v. Price
Bankr. S.D. Tex. · 2024 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441-42 (4th Cir. 1999) (“If a cause of action is part of the estate of the bankrupt then the trustee alone has standing to bring that claim. . . .
discussed Cited as authority (rule) North Avenue Capital, LLC v. United States of America
D. Maryland · 2023 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999) (citing Steyr–Daimler–Puch of Am.
cited Cited as authority (rule) John Kiriakou v. John Bamford
4th Cir. · 2023 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999).
discussed Cited as authority (rule) Aimco CLO 10 Ltd v. Revlon, Inc.
Bankr. S.D.N.Y. · 2023 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999) (claims derivative where “similar in object and purpose to claims that the trustee could bring in bankruptcy court”); Ritchie Cap.
discussed Cited as authority (rule) Aimco CLO 10 Ltd v. Revlon, Inc.
Bankr. S.D.N.Y. · 2023 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999) (claims derivative where “similar in object and purpose to claims that the trustee could bring in bankruptcy court”); Ritchie Cap.
cited Cited as authority (rule) Hatu v. Southco Distributing Company
Bankr. E.D.N.C. · 2022 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999); see 11 U.S.C. § 541 (a)(1).
discussed Cited as authority (rule) GIGA WATT INC
Bankr. E.D. Wash. · 2021 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999) (sureties lacked standing to pursue claims that were similar in nature and purpose to claims that could be pursued by the trustee).
cited Cited as authority (rule) Cannon v. Wal-Mart Associates, Inc.
E.D.N.C. · 2021 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999); see Wilson v. Dollar Gen.
cited Cited as authority (rule) Borg v. Warren
E.D. Va. · 2021 · confidence medium
Co. v. Ruppert Landscaping Co., Inc., 187 F.3d 439, 441 (4th Cir. 1999).
cited Cited as authority (rule) Myers v. McNamee Hosea Jernigan Kim Greenan & Lynch, P.A.
D. Maryland · 2020 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999)).
discussed Cited as authority (rule) Hardy v. United States of America (2×) also: Cited "see"
D. Maryland · 2020 · confidence medium
Co. v. Ruppert Landscaping Co., Inc., 187 F.3d 439, 441 (4th Cir. 1999); see also Robertson v. Flowers Banking Co. of Lynchburg, LLC, 2012 WL 830097 , at *3 (W.D.
cited Cited as authority (rule) Aldridge v. Metro. Life Ins. Co.
N.C. Bus. Ct. · 2019 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999)).
cited Cited as authority (rule) Wendy M Dale
Bankr. E.D.N.C. · 2019 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999); see Fed.
cited Cited as authority (rule) Aldridge v. Metro. Life Ins. Co.
N.C. Bus. Ct. · 2019 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999).
cited Cited as authority (rule) KBX Inc v. Gavilon Grain LLC
E.D. Ark. · 2019 · confidence medium
National American Insurance Co. v. Ruppert Landscaping Co., Inc., 187 F.3d 439, 441 (4th Cir. 1999).
cited Cited as authority (rule) Rebecca Jones v. College of Southern Maryland
4th Cir. · 2017 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999).
cited Cited as authority (rule) Haydu v. Tidewater Community College
E.D. Va. · 2017 · confidence medium
Ins. v. Ruppert Landscaping Co., Inc., 187 F.3d 439, 441 (4th Cir. 1999).
cited Cited as authority (rule) Haydu v. Tidewater Community College
E.D. Va. · 2017 · confidence medium
Ins. v. Ruppert Landscaping Co., Inc., 187 F.3d 439, 441 (4th Cir. 1999).
cited Cited as authority (rule) In re MCSGlobal Inc.
Bankr. E.D. Va. · 2017 · confidence medium
If it were otherwise, there would be “a multyurisdictional rush to judgment whose organizing principle could only be first-come-first-served.” 187 F.3d at 442 (citations omitted).
discussed Cited as authority (rule) Diorio Forest Prods.
N.C. Ct. App. · 2016 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999) (holding that sureties of bankrupt corporation lacked standing to sue third party to whom corporate property was conveyed prior to bankruptcy filing because - 13 - NEWTON V.
cited Cited as authority (rule) Nicholas v. Green Tree Servicing, LLC
D. Maryland · 2016 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999); Wilson, 717 F.3d at 342 .
cited Cited as authority (rule) Vinal v. Federal National Mortgage Ass'n
E.D.N.C. · 2015 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999); see Wilson v. Dollar General Corp., 717 F.3d 337, 342 (4th Cir.2013); Steyr-Daimler-Puch of Am.
cited Cited as authority (rule) Ritchie Capital Management, L.L.C. v. General Electric Capital Corp.
S.D.N.Y. · 2015 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 442 (4th Cir.1999).] Gecker, 2015 WL 5086398 , at *8, *10, 2015 U.S. Dist.
cited Cited as authority (rule) Thomas v. Causey (In re Causey)
Bankr. M.D.N.C. · 2014 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999) (“Until the trustee has abandoned his potential fraudulent conveyance action, the [creditors] cannot proceed ....
discussed Cited as authority (rule) Anderson v. 9002 Dunes, LLC (In re Congaree Triton Acquisitions, LLC) (2×) also: Cited "see"
Bankr. D.S.C. · 2014 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999)).
discussed Cited as authority (rule) Cage v. Smith (In re Smith) (2×)
Bankr. S.D. Tex. · 2014 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441-42 (4th Cir.1999) (“If a cause of action is part of the estate of the bankrupt then the trustee alone has standing to bring that claim....
discussed Cited as authority (rule) In re Tribune Company Fraudulent Conveyance Litigation (2×) also: Cited "see"
S.D.N.Y. · 2013 · confidence medium
Co. v. Ruppert Landscaping Co. Inc., 187 F.3d 439, 441 (4th Cir.1999).
cited Cited as authority (rule) Aery v. Wallace Lincoln-Mercury, LLC
Fla. Dist. Ct. App. · 2013 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999).
discussed Cited as authority (rule) Canterbury v. J.P. Morgan Acquisition Corp. (2×)
W.D. Va. · 2013 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir. 1999).
cited Cited as authority (rule) Lamont Wilson v. Dollar General Corporation
4th Cir. · 2013 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999).
cited Cited as authority (rule) Vieira Ex Rel. Estate of Beach First National Bancshares, Inc. v. Anderson
4th Cir. · 2012 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999).
discussed Cited as authority (rule) Ls Mtron v. Escorts, Ltd.
N.C. Bus. Ct. · 2012 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441-42 (4th Cir. 1999). [28] In the instant case, the court is persuaded that Mtron has standing to bring its Claims against Defendants for the relief sought.
cited Cited as authority (rule) Northern Trust Bank, FSB v. Wells Fargo Bank, N.A.
E.D. Va. · 2012 · confidence medium
Co. v. Rwppert Landscaping Co., 187 F.3d 439, 441-42 (4th Cir.1999).
cited Cited as authority (rule) Borlo v. NAVY FEDERAL CREDIT UNION
D. Maryland · 2011 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999); Capital Source Fin., LLC v. Delco Oil, Inc., 625 F.Supp.2d 304, 310 (D.Md.2007).
discussed Cited as authority (rule) In Re Bostic Construction, Inc. (2×) also: Cited "see"
Bankr. M.D.N.C. · 2010 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999); Angell v. Kelly, 336 F.Supp.2d 540, 544 (M.D.N.C.2004); Douglass v. Dawson, 190 N.C. 458 , 130 S.E. 195, 200 (1925); Coble v. Beall, 130 N.C. 533 , 41 S.E. 793, 794 (1902); Governor’s Club, Inc. v. Governors Club Ltd.
cited Cited as authority (rule) Christian v. Mason
Idaho · 2009 · confidence medium
Co. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999) (holding that a state law fraudulent transfer claim may be pursued after the bankruptcy case has been closed)).
cited Cited as authority (rule) Surrey Investment Services, Inc. v. Smith
M.D.N.C. · 2009 · confidence medium
Ins. v. Ruppert Landscaping Co., 187 F.3d 439, 441 (4th Cir.1999).
discussed Cited as authority (rule) Kozich v. Cavallaro (In Re Kozich)
Bankr. S.D. Florida · 2009 · confidence medium
Co. v. Ruppert Landscaping Co., Inc., 187 F.3d 439, 441 (4th Cir.1999); see also Jones v. Harrell, 858 F.2d 667 (11th Cir.1988) (Finding that a trustee in bankruptcy succeeds to all causes of action held by the debtor at the time a bankruptcy petition is filed, including claims for personal injuries); Miller v. Shallowford Community Hosp., Inc., 767 F.2d 1556 (11th Cir.1985) (Same, specifically finding this includes actions arising from contract).
discussed Cited as authority (rule) LaRosa v. Pecora (2×)
N.D.W. Va. · 2009 · confidence medium
Co. v. Ruppert Landscaping Co., Inc., 187 F.3d 439, 441 (4th Cir.1999) (emphasis added).
Retrieving the full opinion text from the archive…
NATIONAL AMERICAN INSURANCE COMPANY; Gulf Insurance Company, Plaintiffs-Appellants,
v.
RUPPERT LANDSCAPING COMPANY, INCORPORATED, Defendant-Appellee
98-1562.
Court of Appeals for the Fourth Circuit.
Aug 6, 1999.
187 F.3d 439
ARGUED: Neil Lawrence Henrichsen, Mitterhoff, Henrichsen & Stewart, P.L.L.C., Washington, D.C., for Appellants. Charles Thomas Brown, Silver & Brown, Fairfax, Virginia, for Appellee. ON BRIEFS: Dawn C. Stewart, Lorraine M. Magee, Mitterhoff, Henrichsen & Stewart, P.L.L.C., Washington, D.C., for Appellants. Glen H. Silver, Silver & Brown, Fairfax, Virginia, for Appellee.
Wilkinson, Ervin, Michael.
Cited by 81 opinions  |  Published

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge ERVIN and Judge MICHAEL joined.

OPINION

WILKINSON, Chief Judge:

Two insurance companies seek to challenge the validity of an asset transfer between a now-bankrupt party and Ruppert Landscaping Company by suing Ruppert in district court. The district court granted summary judgment to Ruppert. Because standing to challenge the validity of the transfer rests with the trustee in bankruptcy, we affirm the judgment of the district court.

I.

This case stems from the financial difficulties and ultimate bankruptcy of Green Thumb Enterprises (Green Thumb), which in the early 1990s was one of the largest landscaping companies in the Washington, D.C. metropolitan area. During the course of Green Thumb’s operations, the National American Insurance Company and the Gulf Insurance Company (collectively Sureties) issued numerous payment and performance bonds on behalf of Green Thumb for various landscape installation and maintenance contracts.

In mid-1995, Green Thumb entered into a series of agreements with another landscaping company, Ruppert Landscaping Company (Ruppert). Most importantly for this case, Ruppert agreed to purchase a few of Green Thumb’s notes from its primary lender and also to purchase some of Green Thumb’s assets.

During the following months Green Thumb experienced financial difficulties and defaulted on landscape contracts that were bonded by the Sureties. In October 1995, the Sureties filed an involuntary bankruptcy petition against Green Thumb.[*441] The bankruptcy ultimately became a Chapter 7 proceeding and a trustee was appointed.

In January 1996, Ruppert moved to lift the automatic stay pursuant to 11 U.S.C. § 362 in connection with its secured claims. The bankruptcy court granted Ruppert’s motion. The Sureties then brought suit in district court challenging Ruppert’s transactions with Green Thumb. The Sureties pursued a variety of counts: successor liability, tortious interference with contract, and statutory and common law conspiracy. The district court granted summary judgment to Ruppert finding that the Sureties lacked standing to bring these causes of action and that the Sureties’ claims were barred by res judicata and collateral estoppel. The Sureties now appeal.

II.

The Sureties argue that they have standing to bring their claims in district court. If a cause of action is part of the estate of the bankrupt then the trustee alone has standing to bring that claim. See Steyr-Daimler-Puch of Am. Corp. v. Pappas, 852 F.2d 132, 136 (4th Cir.1988). The Sureties assert that since their claims are not property of the estate, they can bring their claims directly against Ruppert in district court.

We disagree. The bankruptcy court noted that the trustee has a potential fraudulent conveyance action to challenge the legality of the transaction between Ruppert and Green Thumb. See 11 U.S.C. § 548.A11 of the Sureties’ claims have this same focus. To make out their successor liability claim the Sureties rely heavily on exposing the Ruppert/Green Thumb transaction to be fraudulent in fact. See Harris v. T.I., Inc., 243 Va. 63, 413 S.E.2d 605, 609 (1992). The Sureties’ tor-tious interference with contract and conspiracy claims likewise depend on showing fraud or other unlawful action with regard to Ruppert’s purchase of Green Thumb’s assets. See Chaves v. Johnson, 230 Va. 112, 335 S.E.2d 97, 102 (1985) (tortious interference- with contract); Allen Realty Corp. v. Holbert, 227 Va. 441, 318 S.E.2d 592, 596 (1984) (statutory conspiracy); Commercial Business Systems, Inc. v. BellSouth Services, Inc., 249 Va. 39, 453 S.E.2d 261, 267 (1995) (common law conspiracy).- In fact,the Sureties’ complaint and briefs abound with examples and allegations of the improper and illegal nature of this transaction. Although the Sureties’ claims and the trustee’s fraudulent conveyance claim do not contain identical elements, they all share this same underlying focus. See Litchfield Co. v. Anchor Bank (In re Litchfield Co.), 135 B.R. 797, 804 (W.D.N.C.1992) (even though claims of the debtor and an individual creditor áre “not identical” the court can stay proceedings initiated by the creditor in order to avoid “interfering with property of the estate”).

The Sureties’ causes of action are thus so similar in object and purpose to claims that the trustee could bring in bankruptcy court that the Sureties lack standing to pursue these claims in district court. Until the trustee has abandoned his potential fraudulent conveyance action, the Sureties cannot proceed with their claims in district court. In fact, this circuit has explicitly held that until there is an “abandonment” by the trustee of his claim the individual creditor has no standing to pursue it. See Steyr-Daimler-Puch, 852 F.2d at 136; see also Chicago Truck Drivers, Helpers and Warehouse Workers Union (Indep.) Pension Fund v. Tasemkin, Inc., 59 F.3d 48, 51 (7th Cir.1995) (specifically allowing successor liability suit because the bankruptcy proceeding had concluded).

It is clear that the trustee should have first crack at challenging the Rup-pert/Green Thumb transaction — the trustee’s role is to bring suits such as these on behalf of all the creditors. See Steyr-Daimler-Puch, 852 F.2d at 135. As a general matter “[t]he trustee’s single effort eliminates the many wasteful and[*442] competitive suits of individual creditors.” Koch Ref. v. Farmers Union Cent Exch., Inc., 831 F.2d 1339, 1342-43 (7th Cir.1987). All creditors, not simply the Sureties, have a stake in exposing any impropriety in the Ruppert/Green Thumb transaction. If Ruppert secured a transfer of assets by unlawful means, all creditors of Green Thumb would be potentially disadvantaged by it.

To allow selected creditors to artfully plead their way out of bankruptcy court would unravel the bankruptcy process and undermine an ordered distribution of the bankruptcy estate. See Litchfield, 135 B.R. at 804. The goal of bankruptcy is to consolidate the proceeding and avoid piecemeal litigation — a goal that would be sacrificed by permitting the district court to entertain the merits of the Sureties’ suit.

Reserving the action for the trustee maintains the integrity of the bankruptcy proceeding and ensures that individual creditors cannot hijack the bankruptcy process. If it were otherwise, there would be “a multijurisdictional rush to judgment whose organizing principle could only be first-come-first-served.” American Nat’l Bank v. MortgageAmerica Corp. (In re MortgageAmerica Corp.), 714 F.2d 1266, 1274 (5th Cir.1983). *

For the foregoing reasons, the judgment of the district court is hereby

AFFIRMED.

*

As we have resolved this case on standing grounds, we need not address the preclusion ruling issued by the district court.