Fidelity Assur Ass'n v. Sims’s Empirical Analysis
318 U.S. 608 · 1943
Citation profile
95 federal appellate · 18 district · 2 state decisions
How this case has been cited
Cited by 231 later decisions (4 by the Supreme Court) — most recently February 1994 · most notably Little Creek Development Co. v. Commonwealth Mortgage Corp. (1986), Bennett v. Gemmill (1977)
95 federal appellate · 18 district · 2 state decisions
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.
Appellate journey
reviewedSims v. Fidelity Assur. Ass'n (from Fourth Circuit Court of Appeals)
Relationships
Relies on Hutchinson v. Fidelity Inv. Ass'n · Union Trust Co. of Maryland v. Wagner · Continental Ins. v. Louisiana Oil Refining Corp. · Sims v. Fidelity Assur. Ass'n
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 231 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Congress did not intend a Chapter X case to be turned into a liquidation proceeding at the outset, but intended the litigation to become a straight bankruptcy only after the failure to consummate a plan, and meant to limit the parties to their remedy in ordinary bankruptcy in all other cases.”
5 later decisions quote this exact passage · from the majority“Without limiting the generality of the meaning of the term “good faith”, a petition shall be deemed not to be filed in good faith if— (1) the petitioning creditors have acquired their claims for the purpose of filing the petition; or (2) adequate relief would be obtainable by a debtor’s petition under the provisions of chapter 11 of this title; or (3) it is unreasonable to expect that a plan of reorganization can be effected; or (4) a prior proceeding is pending in any court and it appears that the interests of creditors and stockholders would be best subserved in such prior proceeding.”
2 later decisions quote this exact passage · from the majoritye.g. In re Lela & Co. · In re Lela & Co.“In the light of all relevant facts, it seems clear that Fidelity cannot be reorganized for the purpose of conducting its old business of selling investment certificates.”
1 later decision quote this exact passage · from the majoritye.g. Bennett v. Gemmill
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.