Scanlon v. Nasd’s Empirical Analysis
2001
Citation profile
Relationships
Relies on Fitzpatrick v. City of Atlanta · General Trading Incorporated v. Yale Materials Handling Corporation · HSSM # 7 Ltd. Partnership v. Bilzerian · Scottdale Contractors Inc v. United States D · Tolz v. Barnett Bank of South Florida, N.A. (In Re Safe-T-Brake of South Florida, Inc.)
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[L]egal title to property placed in an escrow account remains with the grantor until the occurrence of the condition specified in the escrow agreement. Nonetheless, funds that are deposited into an escrow account by a debtor, for the benefit of others, cannot be characterized as property of the estate.”
2 later decisions quote this exact passage · from the majority“Indeed, the district court found that the temporary escrow was established to satisfy the settlement agreement, not to benefit Debtor. Furthermore, the Debtor's mother-in-law placed the funds in the temporary escrow account with the implicit instructions that they were to be used to satisfy the settlement agreement. Additionally, the Debtor did not have control over the funds that were in the trust account, and could not direct who would receive the funds. As the bankruptcy court noted, even the Debtor's counsel could not release the funds in the escrow account to any entity without directions and approval of the U.S. Bankruptcy Court or by the consent of all parties involved. Thus, even if the Debtor could be deemed the legal owner of the funds by virtue of his repayment of his mother-in-law's loan, the fact that those funds experienced a temporary layover in an account maintained by his counsel while en route to compensating others without any oversight by the Debtor hardly converts them into property of the bankruptcy estate.”
1 later decision quote this exact passage · from the majority“A debtor’s estate in bankruptcy consists of all legal and equitable interests of the debtor in property as of the commencement of the case. The extent and validity of the debtor’s interest in property is a question of state law.”
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.