Lovitt Cheadle v. Appleatchee Riders Association’s Empirical Analysis
1985
Citation profile
1 federal appellate · 1 district · 6 state decisions
How this case has been cited
Cited by 48 later decisions — most recently July 2018 · most notably Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.) (1992), Hansen v. Finn (In Re Curry & Sorensen, Inc.) (1986)
1 federal appellate · 1 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. § 365
Relies on Valley Forge Christian College v. Americans United for Separation of Church and State, Inc. · Allen v. Wright · United States v. Robinson · School Board of Richmond v. State Board of Education · Wayne United Gas Co. v. Owens-Illinois Glass Co.
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The trustee’s power to reject those executory contracts which he finds burdensome to the bankrupt’s estate is an extension of his power to renounce title to and abandon burdensome property which is already a part of the estate. Because executory contracts . . . involve future liabilities as well as rights, however, an affirmative act of assumption by the trustee is required to bring the property into the estate in order to ensure that the estate is not charged with the liabilities except upon due deliberation. Thus, executory contracts ... •—unlike all other assets—do not vest in the trustee as of the date of the filing of the bankruptcy petition. They vest only upon the trustee’s timely and affirmative act of assumption.””
4 later decisions quote this exact passage · from the majority“Because rejection of an executory contract is retroactive to the date of the filing of the bankruptcy petition, such a contract never becomes a part of the bankrupt’s estate_ A bankruptcy court has no jurisdiction over assets outside of the bankruptcy's estate, and therefore lacks the authority to approve their sale or transfer.”
1 later decision quote this exact passage · from the majority“[t]he filing of a motion for rehearing does not toll the time for taking an appeal to the court of appeals from the district court....”
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.