Opinion · Supreme Court of the United States

Franco v. Department of Health & Human Services

489 U.S. 1011

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1989-02-21
Topic
general

How later courts describe this case

  • Sections 363(b)(1) and 704 “evince no intent to enlarge the trustee’s rights to take such actions beyond the debtor’s pre-bankruptcy rights.”
  • once a property interest has passed to the estate, it is subject to the same limitations imposed upon the debtor by applicable non-bankruptcy law

Citator

UpLaw has not yet analyzed Franco v. Department of Health & Human Services. The absence of a flag is not a finding that it is good law.

Cited by
67 opinions

C. A. Fed. Cir. Certiorari denied.