French v. W’s Empirical Analysis

Citation profile

1 district ·

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

1. “By incorporating the language of § 541 to define what property a trustee may recover under his avoidance powers, § 548 plainly allows a trustee to avoid any transfer of property that would have been “property of the estate” prior to the transfer in question—as defined by § 541—even if that property is not “property of the estate” now.... Through this incorporation, Congress made manifest its intent that § 548 apply to all property that, absent a prepet-ition transfer, would have been property of the estate, wherever that property is located.”

   3 later decisions quote this exact passage · from the majority
   e.g. Emerald Capital Advisors Corp. v. Aktiengesellschaft (In re FAH Liquidating Corp.) · Spizz v. Goldfarb Seligman & Co. (In re Ampal-American Israel Corp.)

2. “(a) the link of the activity to the territory of the regulating state, i.e., the extent to which the activity takes place within the territory, or has substantial, direct, and foreseeable effect upon or in the territory; (b) the connections, such as nationality, residence, or economic activity, between the regulating state and the person principally responsible for the activity to be regulated, or be- ■ tween that state and those whom the regulation is designed to protect; (c) the character of the activity to be regulated, the importance of regulation to the regulating state, the extent to which other states regulate such activities, and the degree to which the desirability of such regulation is generally accepted; (d) the existence of justified expectations that might be protected or hurt by the regulation; (e) the importance of the regulation to the international political, legal, or economic system; (f) the extent to which the regulation is consistent with the traditions of the international system; (g) the extent to which another state may have an interest in regulating the activity; and (h) the likelihood of conflict with regulation by another state.”

   1 later decision quote this exact passage · from the dissent
   e.g. Official Committee of Unsecured Creditors of Arcapita Bank B.S.S.(c) v. Bahrain Islamic Bank (In re Arcapita Bank B.C.C.(C))

3. “In most instances, the courts of the situs would decide the case in accordance with their own local law. They would do so for sentimental and historical reasons as well as for reasons of certainty and convenience and for the sake of their title recording systems. ... There will also be situations where the demands of certainty and the needs of a title recording system are not as pressing as are other demands. Thus, questions relating to marital property interests of spouses, either upon divorce or at death, may be of greater concern to the state of domicil of the spouses than to the situs, and in such cases the situs courts might defer to the views of the domicil. A similar view might be taken by the situs courts with respect to the allocation of interests in land in other relationships .... such as ... debtor and creditor, where regulation of the relationship is of greater concern to a state other than the situs and particularly when land is part of an aggregate of property which it is desirable to deal with as a unit.”

   1 later decision quote this exact passage · from the dissent
   e.g. Tow v. Rafizadeh (In Re Cyrus II Partnership)