Mitchell Excavators, Inc. v. Mitchell’s Empirical Analysis
734 F.2d 129 · 1984
Citation profile
17 federal appellate · 5 district · 6 state decisions
How this case has been cited
Cited by 75 later decisions — most recently August 2013 · most notably Koch Refining v. Farmers Union Central Exchange, Inc. (1987), 785 F.2d 1249
17 federal appellate · 5 district · 6 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
Applies 11 U.S.C. § 110 · 11 U.S.C. § 328 · 11 U.S.C. § 541
Relies on Pepper v. Litton · Salomon v. Kaiser (In re Kaiser) · Mortgageamerica Corporation American National Bank of Austin v. Mortgageamerica Corporation · Stein v. United Artists Corp. · Management Investors v. United Mine Workers
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[ T]he filing of the bankruptcy petition instantly alters the rights of a corporation and its creditors. As a general rule, and outside the context of a bankruptcy case, the fiduciary obligation of officers, directors, and shareholders is enforceable directly by the corporation or through a stockholder’s derivative action. However, it is, in the event of bankruptcy of the corporation, enforceable by the trustee. For that standard of fiduciary obligation is designed for the protection of the entire community of interests in the corporation — creditors as well as stockholders. The § 541 estate, thus, includes any right of action the debtor corporation may have to recover damages for misconduct, mismanagement, or neglect of duty by a corporate officer or director. The trustee in bankruptcy succeeds to that right. Its nature is derivative.”
4 later decisions quote this exact passage · from the majority“pass[es] to the estate created by the commencement of the bankruptcy proceeding”
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.