DeGiacomo v. Traverse’s Empirical Analysis
753 F.3d 19 · 2014
Citation profile
5 federal appellate · 4 district ·
Relationships
Applies 11 U.S.C. § 363 · 11 U.S.C. § 522 · 11 U.S.C. § 524 · 11 U.S.C. § 541 · 11 U.S.C. § 544 · 11 U.S.C. § 548 · 11 U.S.C. § 549 · 11 U.S.C. § 551
Relies on Dewsnup v. Timm · Turner v. Rogers · Owen v. Owen · Stern v. Marshall · Schwab v. Reilly
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he trustee's right of avoidance under 11 U.S.C. § 544 'vests the trustee with the powers of a bona fide purchaser of real property for value, and allows the trustee to invalidate unperfected security interests.'”
5 later decisions quote this exact passage · from the majority“[Preservation of a hen entitles a bankruptcy estate to the full value of the preserved lien — no more and no less. Where this lien is an undefaulted mortgage on otherwise exempted property, the trustee may for the benefit of the estate enjoy the liquid market value of that mortgage, claim the first proceeds from a voluntary sale, or wait to exercise the rights of a mortgagee in the event of a default. 25”
3 later decisions quote this exact passage · from the majority“Just because the preserved mortgage entitles the estate to benefit from the sale of [the debtor's] property ... does not mean that the trustee is by that fact empowered to sell the property so as to immediately realize that benefit.”
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.