Commerce Bank v. Mountain View Village, Inc.’s Empirical Analysis
5 F.3d 34 · 1993
Citation profile
5 federal appellate · 11 district ·
How this case has been cited
Cited by 82 later decisions — most recently November 2016 · most notably Buncher Company v. Official Committee of Unsecured Creditors (2000), Jason Realty Lp First Fidelity Bank Na v. Jason Realty Lp Jason Realty Lp (1995)
5 federal appellate · 11 district ·
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. § 547 · 28 U.S.C. § 1292 · 28 U.S.C. § 158
Relies on Butner v. United States · United States v. Whiting Pools, Inc. · Nobelman v. American Savings Bank · F/s Airlease II Inc v. Simon S-J Swig Investment Company Aircraft Trust No F/s Airlease II Inc Simon S-J F/s Airlease II Inc · 18 Collier bankr.cas.2d 34, Bankr. L. Rep. P 72,032, 5 Ucc rep.serv.2d 354 in Re Meyertech Corp., Debtor. Southeastern Sprinkler Company, Inc. v. Meyertech Corp
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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[i]f the owner is in default, the mortgagee may enforce the mortgage provision that conveys the rents to him by peacefully entering the premises and taking the profits until the debt is paid. Bulger v. Wilderman, 101 Pa.Super. 168, 172 (1931). '[T]he equivalent of entry may be obtained by the mortgagee making demand on the tenants for the rent ... and payment of the same by them.' Id. at 176 . The mortgagee must account to the mortgagor for the amount of rents received, however, and credit the mortgage debt for the sums collected.””
4 later decisions quote this exact passage · from the majority“It should be noted that, by entering the property and collecting the rents, the banks were enforcing their rights, not “perfecting” their liens. The banks’ liens arose when the mortgages were recorded.... The use of the term “perfection” can be confusing and should be avoided in connection with mortgages and assignment of rents. “Perfection” generally refers to the procedures necessary to establish liens under the Pennsylvania Uniform Commercial Code. That statute, however, does not cover mortgages and assignments of rents, [citation omitted]. As explained in Collier Real Estate Transactions and the Bankruptcy Code: “[The] mortgagee’s lien in rents and profits under an instrument of assignment attaches and is perfected, for Bankruptcy Code purposes, at the moment of execution, delivery and recordation of the instrument.””
1 later decision quote this exact passage · from the majority“This Court has emphasized that considerations unique to bankruptcy proceedings require us to take a pragmatic approach to finality. In re Market Square Inn, Inc., 978 F.2d 116, 120 (3rd Cir.1992); ... see also In re Comer, 716 F.2d 168 , 171-72 (3d Cir.1983); ... The same rationale applies equally to an order of the bankruptcy judge as to an order of the district court. See In re Rosemary Brown, 916 F.2d [120] at 124 n. 8 [(3d Cir.1990)]; Walsh Trucking Co. v. Insurance Co. of North America, 838 F.2d 698, 701 (3d Cir.1988).... In deciding whether a bankruptcy order is final, we have given weight to such factors as the impact on the assets of the estate, the preclusive effect of a decision on the merits, the need for additional fact-finding on remand, and whether the interests of judicial economy will be furthered....”
1 later decision 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.