Koolik v. Markowitz’s Empirical Analysis
40 F.3d 567 · 1994
Citation profile
8 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 32 later decisions — most recently May 2017 · most notably Olick v. Parker & Parsley Petroleum Co. (1998), Queenie, Ltd. v. Nygard International (2003)
8 federal appellate · 2 district · 4 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.
Relationships
Applies 11 U.S.C. § 362
Relies on Carnegie v. United States · Berry Estates, Inc. v. Regan · 15 Collier bankr.cas.2d 952, Bankr. L. Rep. P 71,512 Teachers Insurance and Annuity Association of America v. David L. Butler, James L. Grauer, James E. Kassis, and One City Centre Associates, a California Limited Partnership · Commerzanstalt v. Telewide Systems, Inc. · Berry Estates, Inc. v. New York
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an answer that asserts a counterclaim against a plaintiff who becomes a bankruptcy debtor is an `action or proceeding against the debtor,' within the meaning of [section] 362(a)(1), notwithstanding the fact that the plaintiff initiated the lawsuit.”
3 later decisions quote this exact passage · from the majority“the debtor is determined by the posture of the parties at the commencement of the action or proceeding, not by which party has initiated the appeal. Koolik, 40 F.3d at 568. 9 [S]ince a defendant who is awarded judgment on a counterclaim is no less a judgment creditor than is a plaintiff who is awarded judgment on a claim asserted in the complaint, we construe the term”
1 later decision quote this exact passage · from the majority“within the meaning of 11 U.S.C. Sec. 362(a)(1), regardless of whether the plaintiff initiated the lawsuit. Id. Accordingly, the court determined that Koolik's bankruptcy petition automatically operated to stay the continuation of Koolik's appeal. Similarly, EDI's counterclaim against Tyer is an”
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.