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OpenJurist
← 181 BR 303 - In re Burks

In re Burks’s Empirical Analysis

1995

Citation profile

2
cited by 2 later decisions
June 1999
most recently cited

Relationships

Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 362 · 11 U.S.C. § 524 · 11 U.S.C. § 544 · 11 U.S.C. § 545 · 11 U.S.C. § 546 · 28 U.S.C. § 157

Relies on Hagemann v. Chemical Mortgage Co. (In Re Hagemann) · Union Properties Inc. v. Cleveland · 42 Ohio App. 3d 89 - First Federal Savings & Loan Ass'n of Galion v. Hayes

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Whether the Trustee could have used his power under § 544 or § 545 is irrelevant. The fact is that he did not. The Trustee’s avoidance powers are not automatic, but rather require affirmative actions taken by the Trustee.... [L]iens which were not avoided by the Bankruptcy Trustee survive the Bankruptcy unaffected.”
    1 later decision quote this exact passage
  2. “(A) the time the case is closed; (B) the time the case is dismissed; or (C) if the case is a case under chapter 7 of this title concerning an individual or a case under chapter 9, 11, 12, or 13 of this title, the time a discharge is granted or denied.”
    1 later decision quote this exact passage
  3. “(c) Except as provided in subsections (d), (e), and (f) of this section-”
    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.