· 1/16/2002
In Re: Daryl Lee Vote, Debtor. Wayne Drewes, as Bankruptcy Trustee v. Daryl Lee Vote
Citations
- 276 F.3d 1024
- 2002 U.S. App. LEXIS 669
- 38 Bankr. Ct. Dec. (CRR) 271
- 2002 WL 54565
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that applying the “sufficiently rooted” test to the claim at hand would broaden the scope of § 541 beyond claims which exist at the commencement of the case
- distinguishing between an existing, contingent interest with some potential value, and a mere hope
- trustee could not show how estate acquired an interest in prepetition crop losses for which the debtor was compensated under legislation enacted postpetition
- bankrupty court’s factual findings are reviewed for clear error and its conclusions of law de novo
- BAP’s factual findings are reviewed for clear error and its conclusions of law de novo
- “To find for the trustee on the basis that the payments were ‘sufficiently rooted’ would allow the trustee to assert more rights than [Mr.] Vote had at the commencement of his case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Murphy, Fenner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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