Legal Opinion
Calvert v. Bongards Creameries (In re Schauer)
Court of Appeals for the Eighth Circuit
Decided December 18, 1987No. 87-5064PublishedCited by 10 opinions
1Opinion of the Court
McMILLIAN, Circuit Judge.
Samuel V. Calvert, trustee in bankruptcy, appeals from a final judgment entered in the District Court1 for the District of Minnesota affirming a decision of the bankruptcy court which held that the trustee could not transfer patronage margin certificates without the approval of Bongards Creameries (Bongards). Calvert v. Bongards Creameries, CIV No. 5-86-195 (D.Minn. Jan. 16, 1987). For reversal, Calvert argues that (1) the trustee’s rights under 11 U.S.C. §§ 363, 704, to sell property of the bankrupt estate are paramount to any by laws restricting transfer, (2) the…
2Cases cited10 opinions
- Perez. v. CampbellSupreme Court of the United States · 1971
- In Re Farmers Markets, Inc., Debtors. State of California, State Board of Equalization, and Employment Development Department v. Farmers Markets, Inc., in Re Dick and Carleen Brink, Debtors. State of California, State Board of Equalization, and Employment Development Department v. Sy v. BrownCourt of Appeals for the Ninth Circuit · 1986
- In The Matter Of Professional Bar Co., Inc.Court of Appeals for the Ninth Circuit · 1976
- Sherman v. Eugene Farmers Cooperative (In Re Cosner)United States Bankruptcy Court, D. Oregon · 1980
- Calvert v. Bongards Creameries (In Re Schauer)United States Bankruptcy Court, D. Minnesota · 1986
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re: Graham Square, Inc.Court of Appeals for the Sixth Circuit · 1997
- In Re CormierUnited States Bankruptcy Court, W.D. Michigan · 2008
- Kovacs v. Sargent (In Re Sargent)United States Bankruptcy Court, N.D. Ohio · 2006
- Magill v. Lyons (In Re Lyons)District Court, C.D. Illinois · 1990
- Demczyk v. Mutual Life InsuranceCourt of Appeals for the Sixth Circuit · 1997
5 more not listed; retrieve them via the Exa API.