Bankr. L. Rep. P 75,440, 21 Ucc rep.serv.2d 757 in the Matter of Henry Robert Fullop, Debtor. Charles E. Jones, Successor Trustee to Gibson D. Karnes, Trustee, Appellant-Cross-Appellee v. Salem National Bank, Appellee-Cross-Appellant’s Empirical Analysis
1993
Citation profile
2 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 19 later decisions — most recently July 2014
2 federal appellate · 2 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Penn-Dixie Cement Corporation v. J. M. Dickinson, Commissioner of Finance and Taxation of Tennessee · Woodward v. Wright · Jilek v. Chicago, Wilmington & Franklin Coal Co. · Bankr. L. Rep. P 71,239 in Re G. Dwayne Casbeer, Debtor. G. Dwayne Casbeer v. State Federal Savings & Loan Association of Lubbock · Virginia Beach Federal Savings & Loan Ass'n v. Wood
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under Illinois law, a fee simple in real property consists of both a mineral estate and a surface estate, which may be severed from each other. Jilek v. Chicago, Wilmington & Franklin Coal Co., 382 Ill. 241 , 47 N.E.2d 96, 98 (Ill.1943). The owner of the mineral estate may lease that property right to another for the purposes of exploration and production of oil and gas. The lessee is responsible for the work necessary to produce oil — such as drilling the well, pumping any oil located, and providing storage tanks. The lessee’s rights under the oil and gas lease are known as a 'working interest.’ Illinois Nat. Oil & Gas Co. v. Sinclair, 373 Ill. 581 , 27 N.E.2d 450, 451 (Ill.1940). The working interest includes 'the portion of the oil and gas that may be produced from the premises after the royalty for the share paid to the landlord is first deducted.’ Bates v. Mansfield, 212 Ill.App.3d 69 , 156 Ill.Dec. 73, 75 , 570 N.E.2d 549, 551 (1991).”
1 later decision quote this exact passage · from the majoritye.g. In re Johnson“When the Bank stopped remitting to Fullop the excess proceeds from the sale of the oil and began paying the expenses for the operation of the working interests, it not only notified Fullop and the bankruptcy court that the Bank was taking affirmative action to enforce its hen, but also effectively removed Fullop from possession of the working interest and never let the trustee take possession when the proceeding was converted to a Chapter 7 liquidation.”
1 later decision quote this exact passage · from the majority“The Code does not specify what the notice must contain or to whom it should be given, nor that the notice must be filed in the bankruptcy court. There are no Ninth Circuit cases dealing with the sufficiency of notice under § 546(b). In the Seventh Circuit, “notice is sufficient if it informs the court or the possessor of the property that the creditor intends to enforce his lien.... ””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.