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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.