Legal Opinion
In Re Robert L. Sherman, Bankrupt. Michael A. Wineburg, Trustee in Bankruptcy v. Knights of Columbus
Court of Appeals for the Second Circuit
Decided July 3, 1980No. 1088, Docket 79-5066PublishedCited by 17 opinions
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
On March 1, 1974, Robert Sherman became a general agent selling life insurance on commission for appellant, Knights of Columbus. The agency contract was terminated in June 1976, and in March 1977 Sherman filed a petition in bankruptcy. In his bankruptcy schedules, he listed a $22,-494.40 indebtedness to appellant for advances made against commissions. The question on this appeal is whether, Sherman’s bankruptcy notwithstanding, appellant could deduct the amount of these advances from renewal commissions subsequently accruing.
The contract between Sherman and…
2Cases cited8 opinions
- North-Western Mutual Life Insurance v. MooneyNew York Court of Appeals · 1888
- Carter v. BradleeAppellate Division of the Supreme Court of the State of New York · 1935
- Mutual Trust Life Insurance Company v. WemyssDistrict Court, D. Maine · 1970
- Wolfsheimer v. FrankelAppellate Division of the Supreme Court of the State of New York · 1909
- Lobsitz v. Leffler, Thiele & Co.Appellate Division of the Supreme Court of the State of New York · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- Waldschmidt v. CBS, INC.District Court, M.D. Tennessee · 1981
- In Re Drexel Burnham Lambert Group Inc.United States Bankruptcy Court, S.D. New York · 1990
- Steinberg v. Illinois Department of Mental Health & Developmental Disabilities (In Re Klingberg Schools)District Court, N.D. Illinois · 1986
- In the Matter of Stephen J. Kosadnar Peggy Marlea Kosadnar, Debtors. Stephen J. Kosadnar Peggy Marlea Kosadnar v. Metropolitan Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1998
12 more not listed; retrieve them via the Exa API.