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← 393 B.R. 821 - In Re Reale

In Re Reale’s Empirical Analysis

2008

Citation profile

9
cited by 9 later decisions
March 2015
most recently cited

1 federal appellate · 4 district ·

Relationships

Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 541 · 11 U.S.C. § 547 · 28 U.S.C. § 158

Relies on Begier v. Internal Revenue Service · Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.) · T I Federal Credit Union v. DelBonis · Savage Industries Inc Western Auto Supply Company v. Savage Arms Inc · Hoult v. Hoult

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

  1. “The successor judge fulfilled Bankruptcy Rule 9028’s requirements. He issued the requisite certification. He had no duty to recall witnesses as neither party asked him to do so. [The appellee] does not complain that it was given inadequate notice or insufficient time to react to the certification.”
    2 later decisions quote this exact passage
  2. “The judge did state that his analysis included consideration of the witnesses’ demeanor and credibility. We concede that, although credibility can be assayed in this case by considering the witnesses’ words and motives, observing their demeanor from the cold record would be impossible. We consider the judge’s use of the term “demeanor” unfortunate in this case, but far from fatal to his findings. It was probably included inadvertently — and harmlessly....”
    1 later decision quote this exact passage
  3. “intended the purported exchange to be contemporaneous for new value, an essential element of the defense.”
    1 later decision quote this exact passage

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.