In Re St. Augustine Trust’s Empirical Analysis
1990
Citation profile
1 federal appellate · 1 district ·
How this case has been cited
Cited by 19 later decisions — most recently April 2019
1 federal appellate · 1 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
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 109 · 28 U.S.C. § 1334 · 28 U.S.C. § 157
Relies on Morrissey v. Commissioner · Hecht v. Malley · Hecht v. Malley · In Re Treasure Island Land Trust · In Re Gonic Realty Trust
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“inquiry must focus on the trust documents and the totality of the circumstances, not solely on whether the trust engages in a business,”
2 later decisions quote this exact passage“The trust agreement, which created an entity known as St. Augustine Trust, provides for the transfer of certain real property from the settlor [Bruce] to the trustee, directs that two-thirds of all assets be divided into two equal trusts for the benefit of Bruce’s minor children, and directs that the remaining one-third be divided into three separate trusts for the benefit of two adult daughters and his stepson. (The stepson is Welsh, who is also the trustee.) [[Image here]] By Bruce’s admission, the trust was created as an estate planning device rather than for a distinct business purpose. The trust was initially funded by Mr. Bruce by the conveyance of real property to the trustee under the terms of the trust rather than by pooling resources of investors or beneficiaries or by selling shares. Thereafter, Bruce retained control of the trust assets. [[Image here]] Operating in this method, Bruce has developed some properties, including, among others, a movie theatre in Orlando and a warehouse/office complex in Jacksonville. It is without dispute, therefore, that the trust engages in real estate development.”
1 later decision quote this exact passage“only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title.”
1 later decision quote this exact passage
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.