Comco Associates v. Faraldi Food Industries, Ltd.’s Empirical Analysis
1994
Citation profile
2 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 363 · 28 U.S.C. § 157
Relies on Orion Pictures Corporation Orion Pictures Corporation v. Showtime Networks Inc · Arnold Print Works, Inc. v. Apkin · Stadium Management Corp Anheuser-Busch Inc v. Miller Stadium Management Corp Kms Patriots Lp · Sulmeyer v. Karbach Enterprises · 18 Collier bankr.cas.2d 887, Bankr. L. Rep. P 72,254 Miami Center Limited Partnership, Miami Center Corporation, Theodore B. Gould, Chopin Associates, and Holywell Corporation v. Bank of New York, Miami Center Corporation and Chopin Associates v. Bank of New York
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.
“inextricably linked to the bankruptcy court's Sale Order[.]”
2 later decisions quote this exact passage · from the majority“Even though assignments of executory contracts are governed by § 365 and not by the more general § 363 sales provision, assignments are in fact just a type of sale. Instead of purchasing or leasing property, transactions governed by § 363, an assignee purchases a lease. A good faith assignee, therefore stands in the same shoes as a good faith purchaser and as an innocent third party depends on the finality of bankruptcy orders to the same extent as good faith purchasers. 15”
1 later decision quote this exact passage · from the majority“[b]esides stretching the plain language of S 363, this approach does not account for those situations where there is an assignment without a sale.”
1 later decision 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.