Warsco v. Preferred Technical Group’s Empirical Analysis
258 F.3d 557 · 2001
Citation profile
14 federal appellate ·
How this case has been cited
Cited by 61 later decisions — most recently June 2021 · most notably Hall v. Bodine Electric Co. (2002), Harriet Rizzo v. Michael F. Sheahan, in His Official Capacity as Sheriff of Cook County, Illinois (2001)
14 federal appellate ·
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
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 547
Relies on Celotex Corporation v. Catrett H · Begier v. Internal Revenue Service · Barnhill v. Johnson · Dean v. Davis · In Re Energy Cooperative, Inc., Debtor. Energy Cooperative, Inc., Jay A. Steinberg, Trustee v. Socap International, Ltd.
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Except as provided in subsections (c) and (i) of this section, the trustee may avoid any transfer of an interest of the debtor in property— (1) to or for the benefit of a creditor; (2) for or on account of an antecedent debt owed by the debtor before such transfer was made; (3) made while the debtor was insolvent; (4) made— (A) on or within 90 days before the date of the filing of the petition; or (B) between ninety days and one year before the date of the filing of the petition, if such creditor at the time of such transfer was an insider; and (5) that enables such creditor to receive more than such creditor would re-ceive if— (A) the case were a case under chap-ter 7 of this title; (B) the transfer had not been made; and (C) such creditor received payment of such debt to the extent provided by the provisions of this title.” 11 U.S.C. § 547 (b).”
3 later decisions quote this exact passage · from the majority“We have recognized in the past that diminution of the debtor’s estate is not an element of the preference statute. However, we also have recognized that “the ‘diminished estate’ element of a preferential transfer is consistently ap plied,” and we have previously refused to disturb its application. In keeping with our prior precedent and that of other circuits, we continue to consider whether the transfer in question diminished the debtor’s estate.”
3 later decisions quote this exact passage · from the majority“Only those transfers on account of an antecedent debt owed by the debtor are subject to avoidance under section 547(b); transfers on account of an antecedent debt owed by a third-party are not. Under this interpretation, the word “owed” is the verb form of the concept “liability for payment” and is coterminous with the noun “debt.” Thus, for example, a payment by the debtor of an affiliated entity’s debt would not be a preference unless the debtor was in some fashion liable for that debt, as would be the case where the debtor guaranteed the affiliate’s debt in case of default. In all other cases, the transfer would not be a preference though, it would likely be a fraudulent conveyance.”
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.