Smith v. Rockett’s Empirical Analysis
522 F.3d 1080 · 2008
Citation profile
4 federal appellate · 6 district · 4 state decisions
Relationships
Applies 11 U.S.C. § 102 · 11 U.S.C. § 103 · 11 U.S.C. § 1101 · 11 U.S.C. § 1102 · 11 U.S.C. § 1104 · 11 U.S.C. § 1302 · 11 U.S.C. § 1303 · 11 U.S.C. § 1306
Relies on Lujan v. Defenders of Wildlife · Connecticut National Bank v. Germain · Chrysler Corporation v. Brown · Exxon Mobil Corp. v. Allapattah Services, Inc. · Maritime Electric Co. v. United Jersey Bank
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“With or without court approval, the trustee or debtor in possession may prosecute or may enter an appearance and defend any pending action or proceeding by or against the debtor, or commence and prosecute any action or proceeding in behalf of the estate before any tribunal.”
2 later decisions quote this exact passage · from the majoritye.g. In re Goines · In Re Johnson“In a Chapter 13 case the trustee is the principle administrator of the estate serving "the interests of all creditors primarily by collecting payments from debtors and disbursing them to creditors.” In re Maddox, 15 F.3d 1347, 1355 (5th Cir.1994). 11 U.S.C. § 1302 "grants the [CJhapter 13 trustee various powers to ensure that such collections and disbursements occur equitably, according to the dictates of Congress.” Id.”
1 later decision quote this exact passage · from the dissente.g. In re Richter“[B]ecause of these differences between Chapter 7 and Chapter 13 bankruptcies, the four circuit courts to consider this issue have all concluded that Chapter 13 debtors have standing to bring claims in their own name on behalf of the bankruptcy estate.”
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.