United States v. Richard L. Campbell

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-3637
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In re: Popkin & Stern, *
*
Debtor, *
*
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Robert J. Blackwell, Liquidating *
Trustee of the Popkin & Stern * On Appeal from the United
Liquidating Trust, * United States Bankruptcy
* Appellate Panel for
Appellee, * the Eighth Circuit.
*
v. * [Not To Be Published]
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Ronald U. Lurie; *
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Appellant, *
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Daniel L. Dierdorf; James W. Hart, *
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Intervenors Below *
Appellees. *
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Submitted: October 18, 2000
Filed: October 27, 2000
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Before RICHARD S. ARNOLD, HANSEN, and BYE, Circuit Judges.
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1The Honorable Barry S. Schermer, United States Bankruptcy Judge for the
Eastern District of Missouri.
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PER CURIAM.
Ronald Lurie appeals from a final order of the United States Bankruptcy
Appellate Panel affirming the Bankruptcy Court’s1 grant of permission to the
bankruptcy trustee to sell his judgment interest in certain stock of the debtor to
intervenors Daniel Dierdorf and James Hart. We affirm.
The Court did not err in approving the transfer in accordance with the
corporations’ shareholder agreements. In particular, we reject the debtor’s argument,
which is at the heart of this appeal, that his personal written notice of intent to transfer
the stock was necessary before the bankruptcy trustee, who had succeeded to the
debtor’s interest in the stock, could sell it to the intervenors. See 11 U.S.C. § 541(a)
(property of bankruptcy estate includes all legal or equitable interests of debtor as of
case commencement); In re Gateway Pac. Corp., 153 F.3d 915, 917 (8th Cir. 1998)
(standard of review); In re Schauer, 835 F.2d 1222, 1225 (8th Cir. 1987) (bankruptcy
estate succeeds to only those rights in property that debtor had as of commencement
of case, and is subject to all pre-existing limitations on those rights); Schwartz v.
Custom Printing Co., 926 S.W.2d 490, 493 (Mo. Ct. App. 1996) (cardinal rule in
contract interpretation is to ascertain and give effect to parties’ intent, which is to be
gathered from contract itself where it is unambiguous).
Accordingly, we affirm. See 8th Cir. R. 47B. The bankruptcy trustee’s motion
to strike is denied as moot.

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A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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