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← 573 F.3d 1265 - Lawrence v. Goldberg

Lawrence v. Goldberg’s Empirical Analysis

573 F.3d 1265 · 2009

Citation profile

38
cited by 38 later decisions
1
states following
March 2025
most recently cited

5 federal appellate · 4 district · 1 state decisions

Relationships

Applies 11 U.S.C. § 704 · 15 U.S.C. § 1692D (Fair Debt Collection Practices Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 28 U.S.C. § 157 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Pacor Inc. v. Higgins · Barton v. Barbour · Lucas v. W.W. Grainger, Inc. · Miller v. Kemira, Inc.

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

  1. ““The ... test for determining whether a civil proceeding is related to bankruptcy is whether the outcome of the proceeding could conceivably have an effect on the estate being administered in bankruptcy.” Lawrence v. Goldberg, 573 F.3d 1265, 1270 (11th Cir. 2009) (citations omitted). “The proceeding need not necessarily be against the debtor or against the debt- or’s property.” Id. (citations omitted). Indeed, “[a]n action is related to bankruptcy if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action (either positively or negatively) and which in any way impacts upon the handling and administration of the bankrupt estate.” Id. at 1270-71 (citations omitted). (Emphasis ours).”
    3 later decisions quote this exact passage
  2. “If [the trustee] is burdened with having to defend against suits by litigants disappointed by his actions on the court’s behalf, his work for the court will be impeded.... Without the requirement [of leave], trusteeship will become a more irksome duty, and so it will be harder for courts to find competent people to appoint as trustees. Trustees will have to pay higher malpractice premiums, and this will make the administration of the bankruptcy laws more expensive .... Furthermore, requiring that leave to sue be sought enables bankruptcy judges to monitor the work of trustees more effectively.”
    3 later decisions quote this exact passage
  3. “jurisdiction, without leave of the court by which the receiver was appointed, to entertain a suit against him for a cause of action ... based on his negligence or that of his servants in the performance of their duty in respect of [the property administered by the receiver]”
    1 later decision quote this exact passage

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.