In the Matter of Donald E. Sanders and Donna J. Sanders, Debtors. Appeal of Stephen R. Clark, Trustee’s Empirical Analysis
1992
Citation profile
2 federal appellate · 3 district ·
How this case has been cited
Cited by 37 later decisions — most recently May 2019 · most notably Integrated Solutions, Inc. v. Service Support Specialties, Inc. (1997), Steege v. Affiliated Bank/North Shore National (In Re Alper-Richman Furs, Ltd.) (1992)
2 federal appellate · 3 district ·
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 Calvert v. Bongards Creameries · Christison v. Slane (In Re Silldorff) · Schechter v. Balay (In Re Balay) · Magill v. State Employees' Retirement System · Hollis v. State Employees' Retirement System of Illinois (In Re Brenda Groves)
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“.. .founded on the basic tenet of bankruptcy law that a bankruptcy trustee succeeds only to the title and rights in property that the debtor had at the time she filed the bankruptcy petition. 11 U.S.C. § 541 ; In re Schauer, 835 F.2d 1222 , 1225 (8th Cir.1987); [In re ] Groves, 120 B.R. [956] at 965 [ (Bankr.N.D.Ill.1990) ]. Filing a bankruptcy petition does not expand or change a debtor’s interest in an asset; it merely changes the party who holds that interest. See [In re] Silldorff 96 B.R. [859] at 866 [ (C.D.Ill.1989) ]. Further, a trustee takes the property subject to the same restrictions that existed at the commencement of the case. “ ‘To the extent an interest is limited in the hands of a debtor, it is equally limited as property of the estate.’ ” [In re ] Balay, 113 B.R. 429 at 445 [ (Bankr.N.D.Ill.1990) ] (quoting 4 Collier on Bankruptcy ¶ 541.06 (15th ed.1989)).”
2 later decisions quote this exact passage · from the majority““[A] bankruptcy trustee succeeds only to the title and rights in property that the debtor had at the time she filed the bankruptcy petition. (Citations omitted.) Filing a bankruptcy petition does not expand or change a debtor’s interest in an asset; it merely changes the party who holds that interest. (Citation omitted.) Further, a trustee takes the property subject to the same restrictions that existed at the commencement of the case. ‘To the extent an interest is limited in the hands of a debtor, it is equally limited as property of the estate.’ (Citation omitted.)””
2 later decisions quote this exact passage · from the majority“a bankruptcy petition does not expand or change a debtor's interest in an asset; it merely changes the party who holds that interest.”
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.