In Re Howley

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a right to future per capita payments to a tribal member from Indian gaming was properly part of the bankruptcy estate and discussing several other interests properly part of a bankruptcy estate: (1
• declining to follow Fess because the relevant “Tribal Ordinance does not have provisions similar to those of the Ho-Chunk Nation Code which controlled the outcome in Fess”
• applying state law and the fact that “The Ordinance has no provision stating that the funds to be used for payments retain their character as property of the tribe until actually disbursed” in finding the right to payment was property of the estate
• for purposes of § 541, courts analyze property interests under state law, since “Congress has generally left the determination of property rights in assets of a bankrupt’s estate to state law”

Source: CourtListener parenthetical corpus (CC0).

Cited by

3 cases in this archive cite this case.

• In re McDonald
  D. Kansas· 2014-10-27· cited 4×
• Dennis King v. United States Bankruptcy Court for the District of Colorado
  Tenth Circuit· 2015-09-02
• In re Culp
  D. Delaware· 2018-08-30

Cites

14 cases in this archive are cited by this case.

• Butner v. United States
  Supreme Court· 1979-02-21· cited 3,653×
• In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUS
  Seventh Circuit· 1993-06-08· cited 325×
• Comeau v. Rupp
  D. Kansas· 1992-12-29· cited 103×
• Wicheff v. Baumgart (In Re Wicheff)
  Sixth Circuit· 1998-01-29· cited 80×
• Parks v. Dittmar
  Tenth Circuit· 2010-09-14· cited 54×
• Williamson v. Jones
  Tenth Circuit· 2000-09-11· cited 47×
• Roy Kirby, Trustee in Bankruptcy v. United States of America, in the Matter of Allen Brothers Truck Lines, Inc., Bankrupt
  Tenth Circuit· 1964-04-06· cited 17×
• In Re Hutchinson
  D. Kansas· 2006-10-05· cited 15×
• In Re Kedrowski
  W.D. Wisconsin· 2002-08-28· cited 12×
• Johnson v. Cottonport Bank
  W.D. Louisiana· 2000-12-28· cited 10×
• In Re Neto
  D. New Jersey· 1997-11-24· cited 9×
• In Re McDonald
  D. Kansas· 2006-10-05· cited 8×
• In Re Fess
  W.D. Wisconsin· 2009-05-04· cited 3×
• In Re Howley
  D. Kansas· 2010-10-26· cited 2×