Lavie v. Ran’s Empirical Analysis
607 F.3d 1017 · 2010
Citation profile
2 federal appellate ·
Relationships
Applies 11 U.S.C. § 1501 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1502 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1506 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1507 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1508 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1516 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1517 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1520 (§ 801 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005)
Relies on United States v. Ron Pair Enterprises, Inc. · Mississippi Band of Choctaw Indians v. Holyfield · State of Texas v. State of Florida · Pennzoil Co. v. Federal Energy Regulatory Commission · In Re Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd.
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) such foreign proceeding for which recognition is sought is a foreign main proceeding or foreign nonmain proceeding within the meaning of section 1502; (2) the foreign representative applying for recognition is a person or body; and (3) the petition meets the requirements of section 1515.”
5 later decisions quote this exact passage · from the majority“(a) A foreign representative applies to the court for recognition of a foreign proceeding in which the foreign representative has been appointed by filing a petition for recognition. (b) A petition for recognition shall be accompanied by— (1) a certified copy of the decision commencing such foreign proceeding and appointing the foreign representative; (2) a certificate from the foreign court affirming the existence of such foreign proceeding and of the appointment of the foreign representative; or (3) in the absence of evidence referred to in paragraphs (1) and (2), any other evidence acceptable to the court of the existence of such foreign proceeding and of the appointment of the foreign representative. (c) A petition for recognition shall also be accompanied by a statement identifying all foreign proceedings with respect to the debtor that are known to the foreign representative. (d) The documents referred to in paragraphs (1) and (2) of subsection (b) shall be translated into English. The court may require a translation into English of additional documents.”
3 later decisions quote this exact passage · from the majority“Every operative verb is written in the present or present progressive tense.... Congress's choice to use the present tense requires courts to view the [center of main interests] determination in the present, i.e., at the time the petition for recognition was filed. If Congress had, in fact, intended bankruptcy courts to view the [center of main interests] determination through a look-back period or on a specific past date, it could have easily done so. This is particularly significant because Congress is clearly capable of creating lookback periods in the Bankruptcy Code. See e.g. , [ 11 U.S.C. §] 522(b)(3) (A) (creating a lookback provision for property exemptions).”
2 later decisions 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.