Kapela v. Newman’s Empirical Analysis
649 F.2d 887 · 1981
Citation profile
3 federal appellate · 4 district ·
How this case has been cited
Cited by 34 later decisions — most recently August 2020 · most notably Mellon Bank Na 91-3160 v. Metro Communications Inc (1991), Coral Petroleum, Inc. v. Banque Paribas-London (1986)
3 federal appellate · 4 district ·
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
Applies 11 U.S.C. § 547
Relies on United States v. Sisson · National Bank of Newport v. National Herkimer County Bank of Little Falls · Benedict v. Ratner · Benedict v. Ratner · Sawyer v. Turpin
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the key question when assets are transferred so as to benefit a guarantor is whether those assets would ordinarily have been available to help satisfy the claims of other (general) creditors.... [W]hen the bankrupt debtor’s assets are transferred to the [creditor], the transfer creates a preference in the [guarantor], provided that the creditor did not have a previously secured interest in those assets (and all other “preference” conditions were met).”
1 later decision quote this exact passage · from the majority“'diminish[ed] the fund to which creditors of the same class [as the defendant-creditor] can legally resort for the payment of their debts.'”
1 later decision quote this exact passage · from the majority“it is important to interpret the two statutes in a way that minimizes such conflicts and harmonizes the policies that underlie them.”
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.