Farley’s Empirical Analysis
Citation profile
8 federal appellate · 1 district · 11 state decisions
How this case has been cited
Cited by 49 later decisions — most recently September 2015 · most notably Parker v. Bain (1995), TW Telecom Holdings Inc. v. Carolina Internet Ltd. (2011)
8 federal appellate · 1 district · 11 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
Relies on Assoc. of St. Croix Condominium Owners v. St. Croix Hotel Corp. · 15 Collier bankr.cas.2d 952, Bankr. L. Rep. P 71,512 Teachers Insurance and Annuity Association of America v. David L. Butler, James L. Grauer, James E. Kassis, and One City Centre Associates, a California Limited Partnership · Cathey v. Johns-Manville Sales Corp. · Marcus v. Jefferson Investment Corp. · Ucc v. Ingersoll-Rand Financial Corporation
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the ease under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; (2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; (4) any act to create, perfect, or enforce any hen against property of the estate; (5) any act to create, perfect, or enforce against property of the debtor any hen to the extent that such hen secures a claim that arose before the commencement of the ease under this title; [and] (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the ease under this title....”
4 later decisions quote this exact passage · from the majority“The purpose of the automatic stay is to give the debtor a breathing spell from his creditors in which he may attempt a repayment or reorganization plan ... The automatic stay also protects creditors by averting a scramble for the debtor’s assets and promoting instead an orderly liquidation procedure under which all creditors are to be treated equally.”
2 later decisions quote this exact passage · from the majority“gives the debtor a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove him into bankruptcy.”
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.