Legal Opinion
In Re: George Schmitz, Debtor. William C. Sliney v. Kenneth W. Battley, Trustee George Schmitz
Court of Appeals for the Ninth Circuit
Decided October 16, 2001No. 00-35075PublishedCited by 37 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge:
“Nothing is more ungainly than a fisherman pulled
into the water by his catch. ”
—Louis Nizer, My Life in Court
I. Introduction
A fisherman filed for bankruptcy a year- and-a-half before the Secretary of Commerce promulgated regulations creating post-filing fishing quota rights based on the fisherman’s pre-filing catch history. We hold that these quota rights were not property of the bankruptcy estate because: (1) the regulations did not exist at the time the debtor filed his petition; and (2) although the quota rights were calculated on the basis of the debtor’s…
2Cases cited10 opinions
- In Re: Michael W. Sheehan Wilhelmina Sheehan, Debtors. Yoji Oyama v. Michael W. Sheehan Wilhelmina SheehanCourt of Appeals for the Ninth Circuit · 2001
- In Re P.R.T.C., Inc., Debtor. Duckor Spradling & Metzger v. Baum TrustCourt of Appeals for the Ninth Circuit · 1999
- In Re Braniff Airways, Inc.Court of Appeals for the Fifth Circuit · 1983
- In Re: Arthur Lionel Scovis Jenny Scovis, Debtors. Arthur Lionel Scovis Jenny Scovis v. Christen Brun HenrichsenCourt of Appeals for the Ninth Circuit · 2001
- In Re Laurence A. NEUTON; Esther Neuton, Debtors. Laurence A. NEUTON, Appellant, v. Curtis B. DANNING, Trustee, AppelleeCourt of Appeals for the Ninth Circuit · 1990
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Latman v. BurdetteCourt of Appeals for the Ninth Circuit · 2004
- In Re: Daryl Lee Vote, Debtor. Wayne Drewes, as Bankruptcy Trustee v. Daryl Lee VoteCourt of Appeals for the Eighth Circuit · 2002
- Ricky Wayne Bracewell v. Walter W. KelleyCourt of Appeals for the Eleventh Circuit · 2006
- Witko v. Menotte (In re Witko)Court of Appeals for the Eleventh Circuit · 2004
- Burgess v. SikesCourt of Appeals for the Fifth Circuit · 2006
32 more not listed; retrieve them via the Exa API.