Fletcher v. Cobuzzi’s Empirical Analysis

Citation profile

10 state decisions

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

1. “Disposition is not defined by the Code, but a mere transfer of names would not appear to be within the meaning of the language of the statute, i.e. “sold, leased, or otherwise disposed of.” The connotation carried is of some assignment for value of the creditor’s rights to the collateral, and the transfer of title to the creditor would not be such an assignment. Rather, it is more akin to repossession, a perfection of the creditor’s rights to the collateral. Defendant’s transfer was merely a means of eliminating plaintiff’s legal title to the collateral, and vesting such title in himself. A parallel may be seen in the repossession of tangible property, vesting ownership in the creditor prior to disposition. Thus, a transfer of title by the creditor to himself will not operate as a foreclosure under the Code.”

   1 later decision quote this exact passage
   e.g. Cohen v. Rains