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← 45 F.3d 1023 - In Re Elmer Walter Dorla Walter, Debtors. United States of America v. John J. Hunter, Trustee

In Re Elmer Walter Dorla Walter, Debtors. United States of America v. John J. Hunter, Trustee’s Empirical Analysis

1995

Citation profile

40
cited by 40 later decisions
February 2017
most recently cited

8 federal appellate · 3 district ·

How this case has been cited

Cited by 40 later decisions — most recently February 2017 · most notably III III v. Jc & Jc, In the Matter of Merchants Grain, Incorporated, by and Through Receiver, Edmund M. Mahern, Debtor. Appeal of Edmund M. Mahern, Trustee for Merchants Grain, Incorporated (1996)

8 federal appellate · 3 district ·

200199520002010decided

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. § 545 · 26 U.S.C. § 6323

Relies on United States v. Ron Pair Enterprises, Inc. · United States v. National Bank of Commerce · United States v. Brosnan · Eaton v. Hobson · Hardin v. Caldwell

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

  1. “[t]he trustee may avoid the fixing of a statutory hen on property of the debtor to the extent that such hen is not perfected or enforceable at the time of the commencement of the case against a bona fide purchaser that purchases such property at the time of the commencement of the case, whether or nor such a purchaser exists.”
    5 later decisions quote this exact passage · from the majority
  2. “‘[V]alue’ is a much lower standard than ‘adequate and full consideration in money or money’s worth.’ Because a bona fide purchaser is not necessarily a purchaser for purposes of Internal Revenue Code § 6323(b)(2), it follows that a .trustee standing in the shoes of a hypothetical bona fide purchaser does not fall within the protection of this statute.”
    2 later decisions quote this exact passage · from the majority
  3. ““Although the term ‘bona fide purchaser’ is not defined in the Bankruptcy Code, it is generally understood to mean ‘[o]ne who has purchased property for value without notice of any defects in the title of the seller ... Thus, ‘value’ is a much lower standard than ‘adequate and full consideration in money or money’s worth.’””
    2 later decisions 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.