Legal Opinion

In Re Wesley G. Harline, Debtor. David L. Gladwell, Trustee v. Wesley G. Harline

Court of Appeals for the Tenth Circuit

Decided December 5, 1991No. 90-4157PublishedCited by 41 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

This appeal involves in an unusual context an important legal issue — whether a beneficial interest in a profit sharing trust is part of a debtor’s estate under 11 U.S.C. § 541 available to satisfy creditors’ claims. 1

Wesley G. Harline (Dr. Harline) filed a petition in bankruptcy for reorganization of his affairs under Chapter 11, which was later converted to a Chapter 7 proceeding. He did not list as an asset of his estate his beneficial interest in a profit sharing trust of the Weber Clinic, Inc. On discovering the existence of that interest bankruptcy trustee David L.…

2Cases cited28 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  3. FMC Corp. v. HollidaySupreme Court of the United States · 1990
  4. Toibb v. RadloffSupreme Court of the United States · 1991
  5. Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987

23 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. In Re Donald Dean Walker, Debtor. Donald Dean Walker v. Kenneth G.M. Mather, TrusteeCourt of Appeals for the Tenth Circuit · 1992
  2. Fish v. KobachCourt of Appeals for the Tenth Circuit · 2016
  3. Guidry v. Sheet Metal Workers International Ass'n, Local No. 9Court of Appeals for the Tenth Circuit · 1993
  4. Noonan v. Secretary of Health & Human ServicesCourt of Appeals for the First Circuit · 1997
  5. Kenney v. Helix TCSCourt of Appeals for the Tenth Circuit · 2019

36 more not listed; retrieve them via the Exa API.

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