In Re Maxway Corporation’s Empirical Analysis
1994
Citation profile
5 district ·
How this case has been cited
Cited by 53 later decisions — most recently November 2012 · most notably United States Court of Appeals, Second Circuit (1997), Schwartz v. Kursman (In Re Harry Levin, Inc.) (1994)
5 district ·
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. § 546
Relies on United States v. Ron Pair Enterprises, Inc. · Caminetti v. United States · Russello v. United States · United States v. American Trucking Associations · Griffin v. Oceanic Contractors, 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An action or proceeding under section 544, 545, 547, 548, or 553 of this title may not be commenced after the earlier of— (1) the later of— (A) 2 years after the entry of the order for relief; or (B) 1 year after the appointment or election of the first trustee under section 702, 1104, 1163, 1202, or 1302 of this title if such appointment or such election occurs before the expiration of the period specified in sub-paragraph (A); or (2) the time the case is closed or dismissed.”
6 later decisions quote this exact passage · from the majority“(a) Subject to any limitations on a trustee serving in a case under this chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights ... and powers, and shall perform all the functions and duties, except the duties specified in sections 1106(a)(2), (3), and (4) ..., of a trustee serving in a case under this chapter.”
6 later decisions quote this exact passage · from the majority“[CJourts should venture beyond the plain meaning of the statute only in those rare instances in which there is a clearly expressed legislative intent to the contrary, Russello v. United States, 464 U.S. 16, 20 , 104 S.Ct. 296, 298-99 , 78 L.Ed.2d 17 (1983), in which a literal application of the statute would thwart its obvious purpose, Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 571 , 102 S.Ct. 3245, 3250 , 73 L.Ed.2d 973 (1982), or in which a literal application of the statute would produce an absurd result, United States v. American Trucking Ass’ns, 310 U.S. 534, 543 , 60 S.Ct. 1059, 1063-64 , 84 L.Ed. 1345 (1940).”
4 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.