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← 203 F.3d 855 - In the Matter Of: Gerald Robertson

In the Matter Of: Gerald Robertson’s Empirical Analysis

Citation profile

28
cited by 28 later decisions
October 2018
most recently cited

Relationships

Applies 11 U.S.C. § 541 · 11 U.S.C. § 544 · 11 U.S.C. § 726

Relies on Butner v. United States · Lewis v. Manufacturers National Bank of Detroit · Conkling v. Turner · Blackburn-Bliss Trust v. Hudson Shipbuilders, Inc. · Felder v. Georgia Pac. Corp.

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

  1. “[t]he trustee shall have, as of the commencement of the case, and without regard to any knowledge of the trustee or of any other creditor, the rights and powers of, or may avoid any transfer of property of the debtor or any obligation incurred by the debtor that is voidable by ... a bona fide purchaser of real property ... from the debtor ... that obtains the status of a bona fide purchaser and has perfected such transfer at the time of the commencement of the case, whether or not such a purchaser exists.”
    1 later decision quote this exact passage · from the majority
  2. “Because the separate property home of [a nondebtor] was not included or owned in indivision with the property of the Debtor's bankruptcy estate, the Trustee lacked authority to sell her home ... as property of the estate in which there is an interest of `an entity other than the estate' under section 363(f)....”
    1 later decision quote this exact passage · from the majority
  3. “When an otherwise bona fide purchaser of real estate would be subject to a claim because of constructive notice under state law, the trustee cannot avoid the claim.”
    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.