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← 299 F.3d 489 - In the Matter Of: Sarma Gandy v. Sarma Gandy

In the Matter Of: Sarma Gandy v. Sarma Gandy’s Empirical Analysis

Citation profile

60
cited by 60 later decisions
2
states following
December 2019
most recently cited

5 federal appellate · 1 district · 3 state decisions

Relationships

Applies 11 U.S.C. § 548

Relies on Shearson/American Express Inc. v. McMahon · National Labor Relations Board v. Bildisco & Bildisco · Matter of Wood v. P Wood & Pa · Hays and Company v. Merrill Lynch Pierce Fenner & Smith Inc · 176 F3d 473 Thomas Tully v. Children and Youth Services of Allegheny County

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

  1. “a bankruptcy court has no discretion to refuse to compel the arbitration of matters not involving 'core' bankruptcy proceedings under 28 U.S.C. § 157 (b).”
    4 later decisions quote this exact passage · from the majority
  2. “bankruptcy court has discretion to deny enforcement of the arbitration clause only when enforcement would conflict with the purpose or provisions of the Code.”
    2 later decisions quote this exact passage · from the majority
  3. “Where an otherwise applicable arbitration clause exists, a bankruptcy court lacks the authority and discretion to deny its enforcement, unless the party opposing can establish congressional intent, under the McMahon standard, to preclude waiver of judicial remedies for the statutory rights issue.”
    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.