Ca 79-3239 Blease State of New Jersey’s Empirical Analysis
Citation profile
1 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 32 later decisions — most recently March 2006 · most notably New Brunswick Savings Bank v. Markouski (1991), Jordan v. Borda (In Re Jordan) (1980)
1 federal appellate · 4 district · 2 state decisions
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
Relies on Straton v. New · Lewis v. Manufacturers National Bank of Detroit · United States v. Speers · On Lee v. United States · Sampsell v. Straub
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) The trustee shall have, as of the commencement of the case, and without regard to any knowledge of the trustee or of any creditor, the rights and powers of, or may avoid any transfer of property of the debtor or any obligation incurred by the debtor that is voidable by— (1)a creditor that extends credit to the debtor at the time of the commencement of the case, and that obtains, at such time and with respect to such credit, a judicial lien on all property on which a creditor on a simple contract could have obtained such a judicial lien, whether or not such a creditor exists; (2) a creditor that extends credit to the debtor at the time of the commencement of the case, and obtains, at such time and with respect to such credit, an execution against the debtor that is returned unsatisfied at such time, whether or not such a creditor exists; or (3) a bona fide purchaser of real property, other than fixtures, from the debtor, against whom applicable law permits such transfer to be perfected, that obtains the status of a bona fide purchaser and has perfected such transfer at the time of the commencement of the case, whether or not such a purchaser exists.”
3 later decisions quote this exact passage · from the majority“It has been the past practice of the bankruptcy courts in New Jersey to accord the trustee the rights of a levying judgment creditor under § 70(c). [citations omitted]. This interpretation is designed to enhance the trustee’s ability to provide for the equal distribution of assets among the bankrupt’s creditors, which is one of the primary purposes of the Bankruptcy Act in general and of § 70 in particular [citations omitted].”
1 later decision quote this exact passage · from the majority“If these steps are not taken by the time a bankruptcy petition is filed, the judgment creditor is vulnerable to the trustee’s § 70(c) powers just as he is vulnerable to a subsequent judgment lienor who levies on the debtor’s property.”
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.