Stanley v. Trinchard’s Empirical Analysis
579 F.3d 515 · 2009
Citation profile
4 state decisions
Relationships
Applies 11 U.S.C. § 108 · 11 U.S.C. § 544 · 11 U.S.C. § 546 · 15 U.S.C. § 1635 (§ 125 of the Truth in Lending Act)
Relies on Butner v. United States · Exxon Mobil Corp. v. Allapattah Services, Inc. · Warfield v. Byron · 701 So. 2d 1291 - Reeder v. North · Andrew v. Coopersmith (In Re Downtown Investment Club III)
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The subject of bankruptcy falls within the express constitutional powers of Congress, and bankruptcy law therefore takes precedence over state laws under the Supremacy Clause. U.S. Const., art. VI. Section 108(a) is written broadly to extend any “period [fixed inter alia by ‘applicable nonbankruptcy law’] within which the debtor may commence an action.” The statute’s clear purpose is to afford bankruptcy trustees extra time to assess and pursue potential assets of the debtor’s estate. Congress drew no distinction among the state law vehicles that govern time limits for filing suit, whether statutes of limitations or prescription, repose or peremption. The language of Section 108(a) compels the conclusion that Congress expressly extended the time for pursuing any action that would otherwise be time-barred under state law.”
1 later decision quote this exact passage · from the majoritye.g. Tow v. Pagano“[t]he subject of bankruptcy falls within the express constitutional powers of Congress, and bankruptcy law therefore takes precedence over state laws under the Supremacy Clause.”
1 later decision quote this exact passage · from the majority“sympathetic to the importance of preserving state law property rights intact in bankruptcy,”
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.