Anderson v. Robinson’s Empirical Analysis
1991
Citation profile
1 state decisions
Relationships
Applies 11 U.S.C. § 1101 · 11 U.S.C. § 1301 · 11 U.S.C. § 362
Relies on Mahan & Rowsey, Inc. v. Oklahoma Natural Gas · A.H. Robins Co. v. Piccinin · Piccinin v. A. H. Robins Co. · Tringali v. Hathaway Machinery Co. · United States Court of Appeals, Sixth Circuit
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where a plaintiff has obtained a judgment against a tortfeasor who has filed a petition for bankruptcy in federal court, the “automatic stay” provisions contained in 11 U.S.C. § 362 , as amended, which are part of the federal bankruptcy laws, do not preclude the plaintiff from proceeding in the circuit courts of this state against the tortfeasor’s insurer to satisfy the judgment by the proceeds of the tortfeasor’s available insurance coverage. In discussing our rationale, we explained that the Section 362 automatic stay provisions do not necessarily protect a guarantor from a creditor’s action. Anderson , at 41. In Anderson , the judgment had already been obtained, and any question of liability had already been settled. Id. at 41 . In the present case, the individuals in question were codefendants of the bankrupt entity and were cross-claimants in the civil action pending when the bankruptcy proceeding was initiated. Under these circumstances, the relationship among the parties justifies the application of the stay to the entire proceeding rather than exclusively to the entity filing bankruptcy.”
1 later decision quote this exact passage“operates as a stay, applicable to all entities, of — (1) the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title.”
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.