In Re Moskowitz’s Empirical Analysis
1981
Citation profile
4 federal appellate · 1 district ·
How this case has been cited
Cited by 34 later decisions — most recently October 2001 · most notably MacArthur Co. v. Johns-Manville Corp. (1988), Johns-Manville Corp. v. Asbestos Litigation Group (In Re Johns-Manville Corp.) (1984)
4 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. § 107 · 11 U.S.C. § 547 · 26 U.S.C. § 6331
Relies on Cree v. Goldstein · National Bank of Newport v. National Herkimer County Bank of Little Falls · Phelps v. United States · Durrett v. Washington National Insurance · Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 541 will not apply in those instances where property which ostensibly belongs to the debtor is, in reality, held by the debtor in trust for another. For example, if the debtor has incurred medical bills that were covered by insurance and the insurance company had sent payment of the bills to the debtor before the debtor had paid the bill for which the payment was reimbursement, the payment would actually be held in constructive trust for the person to whom the bill was owed. The payment would not, therefore, become property of the estate pursuant to section 541.”
2 later decisions quote this exact passage“While under certain circumstances the quotation from Collier on Bankruptcy may be correct, the language is too broad because it assumes certain unexpressed facts. If the facts reveal that the debtors previously assigned the insurance proceeds to New York Hospital then, of course, any payment to the debtors might be held by them in a fiduciary capacity, and under a constructive trust so as not to constitute property of the estate, [citations omitted] Whether or not a trust will be imposed in a bankruptcy proceeding is governed by state law. [citations omitted] Absent any assignment of the proceeds by the debtors or any designation that the medical insurance proceeds should be paid directly to New York Hospital, or some additional facts as would support a constructive trust under applicable state law. this court would be hard pressed to accept the categorical statement in Collier on Bankruptcy that medical insurance proceeds received by a debtor before the debtor paid the medical bill “would actually be held in constructive trust for the person to whom the bill was owed.””
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.