United States Abatement Corporation Usa United States Abatement Corp Usa v. Mobil Exploration & Producing US Inc’s Empirical Analysis
Citation profile
4 federal appellate · 3 district ·
How this case has been cited
Cited by 43 later decisions — most recently February 2018 · most notably Marinechance Shipping, Ltd. v. Sebastian (1998), Doly v. Chang (In Re Joy Recovery Technology Corp.) (2002)
4 federal appellate · 3 district ·
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.
Relationships
Relies on Conley v. Gibson · Landis v. North American Co. · In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc. · Norman v. Apache Corp. · Braniff Airways Inc Pension Benefit Guaranty Corporation Continental Air Lines Inc v. Braniff Airways Inc
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Equitable subordination is a remedial, not penal, measure which is used only sparingly. This court has established a three-prong test to identify those situations in which equitable subordination is permitted: (1) the claimant must have engaged in some type of inequitable conduct; (2) the conduct must have resulted in injury to the creditors or conferred an unfair advantage on the claimant; and (3) the invocation of equitable subordination must not be inconsistent with the provisions of the Bankruptcy Code. While our three-pronged test appears to be quite broad, we have largely confined equitable subordination to three general paradigms: (1) when a fiduciary of the debtor misuses his position to the disadvantage of other creditors; (2) when a third party controls the debtor to the disadvantage of other creditors; and (3) when a third party actually defrauds other creditors.”
6 later decisions quote this exact passage · from the majority“... after notice and a hearing the court may-— (1) under principles of equitable subordination, subordinate for purposes of distribution all or part of an allowed claim to all or part of another allowed claim or all or part of an allowed interest to all or part of another allowed interest; or (2) order that any lien securing such a subordinated claim be transferred to the estate.”
2 later decisions quote this exact passage · from the majority“While Mobil’s withholding of payment certainly created economic hardship for USA, the act of withholding was made pursuant to Mobil’s contractual right to do so. Thus, as in Clark Pipe, Mobil’s actions created economic leverage to force USA to pay off the subcontractors who had filed liens on Mobil’s property prior to paying off other creditors. Yet this economic leverage, asserted by Mobil pursuant to the terms of the contracts, did not give Mobil inequitable control over USA.”
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.