Lavie v. Ran’s Empirical Analysis
2009
Citation profile
Relationships
Applies 11 U.S.C. § 1502 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1506 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1508 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1509 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1516 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1517 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 304 · 11 U.S.C. § 323
Relies on Davis v. Michigan Department of the Treasury · Mead Corporation v. Be Tilley · BankAmerica Corp. v. United States · Webb v. Reserve Life Insurance · Young v. National Union Fire Insurance Co. of Pittsburgh, Pa.
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The use of the present tense [in section 1502(5) and section 1502(2) ] implies that the court’s establishment analysis should focus on whether the debtor has an establishment in the foreign country when the foreign representative files for recognition under Chapter 15.... Because courts undertake the establishment analysis when the foreign representative files for recognition, it follows that the court should weigh only the evidence as it exists at the time of filing in the U.S. court.”
1 later decision quote this exact passage · from the majority“To further define establishment, courts look to the Model Law and the sources used to promulgate it. "Per the [European Union’s Convention on Insolvency Proceedings]'s legislative history, a 'place of operations’ referred to 'a place from which economic activities are exercised on the market (i.e. externally), whether the said activities are commercial, industrial or professional.’ ””
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.