WARREN E. BARNETT

v.

UNITED STATES

Citator

Cited By

• Donald W. Buttrey in Bankr. for Dobich Sec. Corp. v. Merrill Lynch, 410 F.2d 135 (7th Cir. 1969)
  …ntrary to Federal law, as alleged here.2 In opposition to the foregoing interpretation, the defendant relies principally on Barnes v. Schatzkin, 215 App.Div. 10, 212 N.Y.S. 536 (1925), affirmed, 242 N.Y. 552, 152 N.E. 424 (1926), certiorari denied, 273 U.S. 709, 47 S.Ct. 100, 71 L.Ed. 852. There a “bucket shop” brokerage firm converted its customers’ funds by purchasing securities for its own account from defendants, members of the New York Stock Exchange, who allegedly had knowledge of the fraudulent con…
• Shearson Lehman Hutton, Inc. v. Wagoner, 944 F.2d 114 (2d Cir. 1991)
  …rally, the trustee of a bankrupt has no power to press the general claims of the bankrupt’s creditors against third parties.”) (citing Barnes v. Schatzkin, 215 A.D. 10, 212 N.Y.S. 536 (1st Dept. 1925), aff'd, 242 N.Y. 555, 152 N.E. 424 cert. denied, 273 U.S. 709, 47 S.Ct. 100, 71 L.Ed. 852 (1926)); In re D.H. Overmyer Telecasting Co., 56 B.R. 657, 658-59 (Bankr.N.D. Ohio 1986) (bankrupt in Chapter 11 could not bring claim that attorneys for the unsecured creditors’ committee helped former officer subvert th…
• In re Petroleum Corp. OF Am. v. H. L. Thorndal in Bankr. of Petroleum Corp. of Am., 417 F.2d 929 (8th Cir. 1969)
  …rams. Generally, the trustee of a bankrupt has no power to press the general claims of the bankrupt’s creditors against third parties. See Barnes v. Schatzkin, 215 App.Div. 10, 212 N.Y.S. 586 (1925), aff’d, 242 N.Y. 555, 152 N.E. 424, cert. denied, 273 U.S. 709, 47 S.Ct. 100, 71 L.Ed. 852 (1926).11 Collier summarizes the rule: “In any event, the claims sued upon by the trustee must belong to the bankrupt estate, and a trustee may not sue upon claims not so belonging, even though they were assigned to him…