Burns v. Imc’s Empirical Analysis

Citation profile

8 federal appellate · 5 district · 1 state decisions

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

1. “(a) Except as otherwise provided in this section, to the extent that a transfer is avoided under section 544, 545, 547, 548, 549, 553(b), or 724(a) of this title, the trustee may recover, for the benefit of the estate, the property transferred, or, if the court so orders, the value of such property, from— (1) the initial transferee of such transfer or the entity for whose benefit such transfer was made; or (2) any immediate or mediate transferee of such initial transferee.”

   10 later decisions quote this exact passage · from the majority
   e.g. Taunt v. Hurtado · Gutman v. Construction Program Group

2. “[A]voidance and recovery are distinct concepts and processes. This is clear from both the statute itself and from its legislative history. Avoidance and recovery are addressed in two separate sections of the code, 11 U.S.C. § 544 and § 550, respectively, and have two separate statutes of limitations, 11 U.S.C. § 546 (a) and § 550(f), respectively. According to the House Report for the Bankruptcy Reform Act of 1978, § 550 “enunciates the separation between the concepts of avoiding a transfer and recovering from the transferee.” H.R.Rep. No. 95-595, at 375 (1977), reprinted in 1978 U.S.C.C.A.N. 5787, 6331.”

   4 later decisions quote this exact passage · from the majority
   e.g. SKK Liquidation Trust v. Green & Green, LPA (In Re Spinnaker Industries, Inc.) · Olson v. Parker (In Re Parker)

3. “Any transfer avoided under section 522, 544, 545, 547, 548, 549, or 724(a) of this title, or any lien void under section 506(d) of this title, is preserved for the benefit of the estate but only with respect to property of the estate.”

   4 later decisions quote this exact passage · from the majority
   e.g. Larry Schaefer and Elaine Schaefer, Husband and Wife v. Raymond Schaefer v. Larry Schaefer and Elaine Schaefer, Husband and Wife · Rodriguez v. Daimlerchrysler Financial Services Americas LLC (In Re Bremer)