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← 427 BR 13 - In Re Weisband

In Re Weisband’s Empirical Analysis

2010

Citation profile

17
cited by 17 later decisions
2
states following
September 2022
most recently cited

2 state decisions

Relationships

Applies 11 U.S.C. § 362 · 28 U.S.C. § 1334

Relies on Lujan v. Defenders of Wildlife · Warth v. Seldin · Johnson v. Righetti · Adams v. Madison Realty & Development, Inc. · Pershing Park Villas Homeowners Association Csp-Pershing Ltd Harry Bigham v. United Pacific Insurance Company Reliance Insurance Co

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

  1. “The transfer to the special purpose trust must constitute a true sale, so that the party transferring the assets reduces its potential liability on the loans and exchanges the fairly illiquid loans for much more liquid cash.” Id. at 542 . Next, the SPV issues securities which the assignee sells to investors. Id. at 539 . Once the securities have been sold, the SPV is not actively involved. It”
    1 later decision quote this exact passage
  2. “[B]ecause the Debtor executed the Note and received consideration ... the contract is enforceable regardless of who provided the funding. In other words, the fact that the funds for a borrower’s loan are supplied by someone other than the loan originator, does not invalidate the loan or restrict enforcement of the loan contract to the parties who funded the loan.”
    1 later decision quote this exact passage
  3. “This lender quickly sells the loan to a different financial entity, which pools the loan together with a host of other loans in a mortgage pool.” Id. at 538 . The assignee then transfers the mortgages in the pool to another entity, which in turn transfers the loans to a special purpose vehicle (”
    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.