Calvert v. Bongards Creameries’s Empirical Analysis
835 F.2d 1222 · 1987
Citation profile
4 federal appellate · 8 district · 9 state decisions
How this case has been cited
Cited by 70 later decisions — most recently July 2017 · most notably Montalvo v. Lapez (1994), Integrated Solutions, Inc. v. Service Support Specialties, Inc. (1997)
4 federal appellate · 8 district · 9 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
Applies 11 U.S.C. § 363 · 11 U.S.C. § 521 · 11 U.S.C. § 541 · 11 U.S.C. § 543 · 11 U.S.C. § 544 · 11 U.S.C. § 704
Relies on Perez. v. Campbell · California v. Farmers Markets, Inc. · Sulmeyer v. State of California Department of Employment Development · Sherman v. Eugene Farmers Cooperative (In Re Cosner) · Calvert v. Bongards Creameries (In Re Schauer)
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Tjhere is no conflict between 11 U.S.C. §§ 363 (b)(1), 704, and state law which defines the debtor’s rights in property of the estate. Sections 363(b)(1) and 704 do not expressly authorize the trustee to sell property contrary to the restrictions imposed by state and contract law. These sections are simply enabling statutes that give the trustee the authority to sell or dispose of property if the debtors would have had the same right under state law.”
4 later decisions quote this exact passage · from the majority“(1) collect and reduce to money the property of the estate for which such trustee serves, and close such estate as expeditiously as is compatible with the best interests of parties in interest; (2) be accountable for all property received; (3) ensure that the debtor shall perform his intention as specified in section 521(2)(B) of this title; (4) investigate the financial affairs of the debtor; (5) if a purpose would be served, examine proofs of claims and object to the allowance of any claim that is improper; (6) if advisable, oppose the discharge of the debtor; (7) unless the court orders otherwise, furnish such information concerning the estate and the estate’s administration as is requested by a party in interest; (8) if the business of the debtor is authorized to be operated, file with the court, with the United States trustee, and with any governmental unit charged with responsibility for collection or determination of any tax arising out of such operation, periodic reports and summaries of the operation of such business, including a statement of receipts and disbursements, and such other information as the United States trustee or the court requires; and (9)make a final report and file a final account of the administration of the estate with the court and with the United States trustee.”
1 later decision quote this exact passage · from the majority“The trustee, after notice and a hearing, may use, sell, or lease, other than in the ordinary course of business, property of the estate.”
1 later decision quote this exact passage · from the majoritye.g. In Re Fcx, Inc.
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.