In Re: George Schmitz, Debtor. William C. Sliney v. Kenneth W. Battley, Trustee George Schmitz
Opinion
Opinion
Silverman, J.
“Nothing is more ungainly than a fisherman pulled
into the water by his catch. ”
—Louis Nizer, My Life in Court
I. Introduction
A fisherman filed for bankruptcy a year- and-a-half before the Secretary of Commerce promulgated regulations creating post-filing fishing quota rights based on the fisherman’s pre-filing catch history. We hold that these quota rights were not property of the bankruptcy estate because: (1) the regulations did not exist at the time the debtor filed his petition; and (2) although the quota rights were calculated on the basis of the debtor’s pre-filing fishing history, they govern his post-filing right to fish.
II. Facts
George Schmitz fished for halibut and sablefish off of the coast of Alaska in 1988 through 1990.
In April, 1992, Schmitz filed a Chapter 7 bankruptcy petition. At that time and for at least seven years prior, the North Pacific Fisheries Management Council, an agency of the Department of Commerce, had been considering the implementation of a quota-based fisheries management plan for halibut and sablefish caught off of the Alaskan coast. Proposed regulations to create a fishery management plan were in various stages of administrative…