Bruening Stover v. M Fulkerson’s Empirical Analysis
Citation profile
How this case has been cited
Cited by 10 later decisions — most recently October 2012
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
Relies on Constellation Development Corp. v. Dowden · Brown v. First National Bank of Little Rock · Rohweder v. Aberdeen Production Credit Ass'n · Bj McAdams Inc v. F Dowden · Receivables Finance Corporation v. Hamilton
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he trustee, of course, has no right to recover a payment by a co-obligor of a debtor on a note, or a payment by any third party for that matter, that pays down a debt of the debtor.” (Emphasis added). The legal rule Heartland wishes to extrapolate from this language is that any payment by a third party cannot be a preferential payment. Such an interpretation requires this Court to view the Bruening court’s statement in a vacuum. The sentence immediately following the language quoted by Heartland explains,”
1 later decision quote this exact passage · from the majority“any third party ... pays down a debt of the debtor ... because [the] payments ... would have no effect on the estate of the debtor.”
1 later decision quote this exact passage · from the majoritye.g. In Re Heitkamp
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.