Fisher v. Apostolou’s Empirical Analysis
155 F.3d 876 · 1998
Citation profile
8 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 83 later decisions — most recently April 2023 · most notably Richard M. Fogel, as Trustee for the Estate of Madison Management Group, Inc. v. Samuel Zell, Appeal of City and County of Denver (2000), Solidus Networks, Inc. v. Excel Innovations, Inc. (2007)
8 federal appellate · 2 district · 4 state decisions
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. § 105 · 11 U.S.C. § 323 · 11 U.S.C. § 541 · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 28 U.S.C. § 1334 · 28 U.S.C. § 158
Relies on Zenith Radio Corp. v. Hazeltine Research, Inc. · Celotex Corporation v. Edwards · 74 Ill. 2d 172 - Kelsay v. Motorola, Inc. · Bankers Trust Co. v. Rhoades · Koch Refining v. Farmers Union Central Exchange, Inc.
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A bankruptcy trustee] has no standing to bring personal claims of creditors. A cause of action is “personal” if the claimant himself is harmed and no other claimant or creditor has an interest in the cause. But allegations that could be asserted by any creditor could be brought by the trustee as a representative of all creditors.”
7 later decisions quote this exact passage · from the majority“In limited circumstance, the trustee may temporarily block adjudication of claims that are not property of the estate by petitioning the bankruptcy court to enjoin the other litigation, if its sufficiently "related to" her own work on behalf of the estate.”
3 later decisions quote this exact passage · from the majority“[T]his is a case in which the question is ... whether the overlap between the claims of the debtor (Lake States) and the claims of the creditors (the Aposto-lou Plaintiffs) against third parties (the Apostolou Defendants) are so closely related that allowing the creditors to convert the bankruptcy proceeding into a race to the courthouse would derail the bankruptcy proceedings.”
2 later decisions quote this exact passage · from the majority
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.