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← 729 F.2d 561 - In Re Dwayne Sunberg, Patricia Sunberg, Engaged in Farming, Debtors

In Re Dwayne Sunberg, Patricia Sunberg, Engaged in Farming, Debtors’s Empirical Analysis

1984

Citation profile

81
cited by 81 later decisions
3
states following
June 2019
most recently cited

7 federal appellate · 7 district · 4 state decisions

How this case has been cited

Cited by 81 later decisions — most recently June 2019 · most notably J. Catton Farms Inc. v. First National Bank of Chicago (1985), Schneider v. Nazar (1988)

7 federal appellate · 7 district · 4 state decisions

5701984199020002010decided

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 Segal v. Rochelle · In the Matter of William Guy Munger, Bankrupt. Ernest J. Pombo v. Jack A. Ulrich, Trustee · First State Bank of Abernathy v. Holder (In Re Nivens) · Matter of Sunberg

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

  1. “(e) Assignments with respect to quantities of a commodity which can be received by a producer as payment in kind will be recognized by the Department [of Agriculture] only if such assignment is made on Form CCC-479, Assignment of Payment-In-Kind, executed by the assignor and assignee, and filed with the county committee. (f) Except as provided in paragraph (e) of this section, any payment in kind or portion thereof which is due any person shall be made without regard to questions of title under State law, and without regard to any claim of lien against the commodity, or proceeds thereof, which may be asserted by any creditor.”
    9 later decisions quote this exact passage · from the majority
  2. “[D]o not prevent one who is entitled to the benefits from pledging the benefits as security on loans properly made under state law. Simply because the government will refuse to deliver benefits to an assignee not appearing on the proper federal forms does not mean that an assignor can totally disregard legal obligations to the assignee. Such “anti-assignment” provisions are intended to insulate the government as benefit provider from conflicting claims over payments, not to pre-empt state commercial law as between third parties. (Citations omitted.) Neither do we read anything in other PIK regulations to restrict program beneficiaries from voluntarily encumbering their PIK benefits.”
    6 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.