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← 229 F.3d 750 - In re Raejean Bonham

In re Raejean Bonham’s Empirical Analysis

2000

Citation profile

86
cited by 86 later decisions
2
states following
September 2019
most recently cited

7 district · 3 state decisions

Relationships

Relies on Pepper v. Litton · Local Loan Co. v. Hunt · Fred Bardes v. First National Bank of Hawarden Iowa · Sampsell v. Imperial Paper & Color Corp. · Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.

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

  1. “(1) the degree of difficulty in segregating and ascertaining individual assets and liability; (2) the presence or absence of consolidated financial statements; (3) the profitability of consolidation at a single physical location; (4) the commingling of assets and business functions; (5) the unity of interests and ownership between the various corporate entities; (6) the existence of parent and inter-corporate guarantees on loans; and (7) the transfer of assets without formal observance of corporate formalities.”
    4 later decisions quote this exact passage · from the majority
  2. “'[A] Ponzi scheme is a phony investment plan in which monies paid by later investors are used to pay artificially high returns to the initial investors, with the goal of attracting more investors.' ” United States v. Silvestri, 409 F.3d 1311 , 1317 n. 6 (11th Cir.2005) (quoting In re Bonham, 229 F.3d 750 , 759 n. 1 (9th Cir.2000)).”
    3 later decisions quote this exact passage · from the majority
  3. “Before ordering consolidation, a court must conduct a searching inquiry to ensure that consolidation yields benefits offsetting the harm it inflicts on objecting parties.... The proponent must show not only a substantial identity between the entities to be consolidated, but also that consolidation is necessary to avoid some harm or to realize some benefit.... At this point, a creditor may object on the grounds that it relied on the separate credit of one of the entities and that it will be prejudiced by the consolidation.... If a creditor makes such a showing, the court may order consolidation only if it determines that the demonstrated benefits of consolidation “heavily” outweigh the harm.”
    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.