Brown v. First National Bank of Little Rock’s Empirical Analysis
748 F.2d 490 · 1984
Citation profile
26 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 84 later decisions — most recently August 2020 · most notably O'Rourke v. Seaboard Surety Co. (1989), Coral Petroleum, Inc. v. Banque Paribas-London (1986)
26 federal appellate · 3 district · 1 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. § 547
Relies on The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., Bankrupt · Grubb v. General Contract Purchase Corp. · First National Bank v. Julian · Smyth v. Kaufman
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[If] payment to a creditor is made by one liable as an indorser ... out of his own funds, the creditor has not received a preference ... It does not matter that in the course of the transaction the party secondarily liable may have paid the money to the debtor ... for in such a case the debtor took the money charged with a fiduciary obligation to employ it toward extinguishment of the particular debt, and the money the creditor received was never a general asset of the debtor.”
3 later decisions quote this exact passage · from the majority““The rule is the same regardless of whether the proceeds of the loan are transferred directly by the lender to the creditor or are paid to the debtor with the understanding that they will be paid to the creditor in satisfaction of his claim, so long as such proceeds are clearly ‘earmarked’. But a payment by a debtor with borrowed money may constitute a preference under the Code where the loan so used was not made upon the condition that it should be applied to the particular creditor to whom it was paid over ...””
2 later decisions quote this exact passage · from the majority“it is only where ... the debtor, rather than the third party, has control of the funds that a preference may have been created.”
1 later decision quote this exact passage · from the majoritye.g. In Re Montgomery
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.