Musso v. Ostashko’s Empirical Analysis
468 F.3d 99 · 2006
Citation profile
6 federal appellate · 2 district · 1 state decisions
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 362 · 11 U.S.C. § 510 · 11 U.S.C. § 541 · 11 U.S.C. § 544
Relies on Butner v. United States · Pepper v. Litton · Taylor v. Standard Gas & Electric Co. · Rexnord Holdings, Inc. v. Bidermann · HBE Leasing Corp. v. Frank
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) The trustee shall have, as of the commencement of the case, and without regard to any knowledge of the trustee or of any creditor, the rights and powers of, or may avoid any transfer of property of the debtor or any obligation incurred by the debtor that is voidable by- (1) a creditor that extends credit to the debtor at the time of the commencement of the case, and that obtains, at such time and with respect to such credit, a judicial lien on all property on which a creditor on a simple contract could have obtained such a judicial lien, whether or not such a creditor exists; (2) a creditor that extends credit to the debtor at the time of the commencement of the case, and obtains, at such time and with respect to such credit, an execution against the debtor that is returned unsatisfied at such time, whether or not such a creditor exists ...”
3 later decisions quote this exact passage · from the majority“[ T]he court ... shall determine the respective rights of the parties in their separate or marital property, and shall provide for the disposition in the final judgment.”
3 later decisions quote this exact passage · from the majority“all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided in agreement.”
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.