Stern 00-56431 v. H H H’s Empirical Analysis

Citation profile

4 federal appellate · 1 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) The transfer or obligation was to an insider; (b) The debtor retained possession or control of the property transferred after the transfer; (c) The transfer or obligation was disclosed or concealed; (d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (e) The transfer was of substantially all the debtor’s assets; (f) The debtor [absconded]; (g) The debtor removed or concealed assets; (h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (j) The transfer occurred shortly before or shortly after a substantial debt was incurred; and (k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Hall

2. “[A] three-judge panel may not overrule a prior decision of the court. That proposition is unassailable so far as it goes, but it does not take into account the possibility that our prior decision may have been undercut by higher authority to such an extent that it has been effectively overruled by such higher authority and hence is no longer binding on district judges and three-judge panels of this court.... We hold that the issues decided by the higher court need not be identical in order to be controlling. Rather, the relevant court of last resort must have undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Ressam

3. “'that the purposeful conversion of nonexempt assets to exempt assets on the eve of bankruptcy is not fraudulent per se.' " ( Id. at p. 1043.) Thus, O'Brien concludes, his transfer of partially exempt assets from his individual retirement accounts to the fully exempt 401(k) plan is also not fraudulent. O'Brien's argument mixes apples and oranges. Both the trial court's finding, and Gil , addressed whether the debtor's movement of funds was a fraudulent transfer within the meaning of the Uniform Voidable Transactions Act ( Civ. Code, § 3439 et seq. ). However, whether a transfer is "fraudulent ... does not dispose of the question of whether [a] plan was used for retirement purposes.”

   1 later decision quote this exact passage · from the majority
   e.g. O'Brien v. Ambs Diagnostics, LLC