Securities and Exchange Commission’s Empirical Analysis
487 F.3d 295 · 2007
Citation profile
10 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 37 later decisions — most recently August 2022 · most notably Mullins v. Testamerica, Inc. (2009), Janvey v. Alguire (2011)
10 federal appellate · 2 district · 2 state decisions
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
Relies on Anderson v. City of Bessemer City · Castleberry v. Branscum · Agricultural Research and Technology Group Inc Hayes v. Palm Seedlings Partners · Warfield v. Byron · Fairchild Aircraft Corporation v. Whyte
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or within a reasonable time after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation ... with actual intent to hinder, delay, or defraud any creditor of the debtor.”
3 later decisions quote this exact passage · from the majority“After Benjamin Cook’s (“Cook”) assets were frozen in conjunction with a pending lawsuit by the Securities and Exchange Commission, Anthony Martella (“Martella”) agreed with Cook to pay Cook’s lawyers $60,000 from his company’s corporate account in exchange for immediate reimbursement arranged by Cook. Immediately after completing the payments to Cook’s lawyers, Martella’s company, M & M Engraving and Manufacturing Co. (“M & M”), received a wire transfer from International Education Research Corporation (“IERC”) for the identical amount. IERC was subsequently placed in receivership. The receiver, Warfield, sued Martella and M & M seeking return of the $60,000 payment that M & M had received from IERC on a theory of fraudulent transfer.”
1 later decision quote this exact passage · from the majority“`[c]onsideration having no utility from a creditor's viewpoint does not satisfy the statutory definition.' Here, [the transferor company's] net worth was diminished by the $60,000 payment to [the friend's company] and its defrauded creditors received no benefit from funding the legal defense of one of the major organizers of this fraudulent scheme.”
1 later decision quote this exact passage · from the majoritye.g. In Re Pace
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.