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← 286 BR 294 - Walker v. Weese

Walker v. Weese’s Empirical Analysis

2002

Citation profile

12
cited by 12 later decisions
July 2016
most recently cited

2 federal appellate · 3 district ·

Relationships

Applies 11 U.S.C. § 542

Relies on Granfinanciera, S.A. v. Nordberg · Dairy Queen, Inc. v. Wood · Stansbury Poplar Place Incorporated · Marine Midland Bank v. Portnoy (In Re Portnoy) · Ah Robins Company Incorporated Official Dalkon Shield Claimants' Committee v. R Mabey

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

  1. “fairly characterized as an equitable claim”
    2 later decisions quote this exact passage · from the majority
    e.g. In Re: Mushroom Transportation Company, Inc., Debtor. Jeoffrey Burtch Mushroom Transportation Co., Inc. Penn York Realty Company, Inc. Robbey Realty Inc. Trux Enterprises Teamsters Pension Trust Fund of Philadelphia Charles J. Schaffer, Jr. William J. Einhorn Raymond A. Huber Hubert C. Dietrich Robert J. Ewanco William D. Gross Thomas R. Johnston Joseph P. Santone William J. Dillner, Jr. James H. Hutchinson, Jr. John P. O'COnnOr Anthony R. Simones Freight Drivers & Helpers Local 557 Pension Fund Daniel L. Sandy v. Jonathan H. Ganz Pincus Verlin Hahn & Reich, P.C. Pincus Reich Hahn Dubroff & Ganz, P.C. Modell Pincus Hahn & Reich, P.C. Pincus Verlin Bluestein Hahn & Reich, P.C. Astor Weiss & Newman Rawle & Henderson Continental Bank Erwin L. Pincus Richard L. Hahn Pace Reich Jerome J. Verlin Andrew F. Napoli Ronald Bluestein Herman P. Weinberg David N. Bressler Allen B. Dubroff Jeoffrey Burtch, Trustee in Bankruptcy of Mushroom Transportation Company, Inc., Successor to Robbey Realty, Inc., Penn York Realty Company, Inc., and Trux Enterprises, Inc. And Successor to Michael Arnold, Former Trustee in Bankruptcy, Mushroom Transportation Company, Inc., Robbey Realty, Inc., Penn York Realty Company, Inc., and Trux Enterprises, Inc., the Teamsters Pension Trust Fund of Philadelphia and Vicinity, Charles J. Schaffer, Jr., in His Official Capacity as a Fiduciary, by His Successor in Office, William J. Einhorn, Raymond A. Huber, Herbert C. Dietrich, Robert J. Ewanco, William D. Gross, Thomas R. Johnston, Joseph P. Santone, William J. Dillner, Jr., James H. Hutchinson, Jr., John P. O'COnnOr and Anthony R. Simones, Trustees of the Western Pennsylvania, Teamsters and Employers Pension Fund or Their Successors, and Freight Drivers & Helpers Local 557 Pension Fund and Daniel L. Sandy, a Fiduciary, or His Successor and Any Other Named or Deemed Substituted (By Virtue of His Office) or Other Successor · Mushroom Transportation Company Inc v. H & Pc
  2. “Commanding turnover is at the very root of the bankruptcy court’s equitable powers. See 11 U.S.C. § 542 . If it has been established that certain assets are a part of the bankruptcy estate, there must be some mechanism for acquiring control of them. Requiring turnover is merely the bankruptcy court’s means of enforcing its decisions, and it is therefore equitable in nature.””
    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.