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← 76 F.3d 265 - in Re Robert J. Futoran

in Re Robert J. Futoran’s Empirical Analysis

1996

Citation profile

10
cited by 10 later decisions
1
states following
April 2007
most recently cited

2 federal appellate · 1 state decisions

Relationships

Relies on In Re Middleton Arms, Limited Partnership · Milchem, Inc. v. Fredman · Baddin v. Olson (In Re Olson) · Pippin v. John Deere Co. (In Re Pippin) · Rieser v. Landis & Gyr Powers, Inc. (In Re Bownic Insulation Contractors, Inc.)

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

  1. “(b) ... may avoid any transfer of an interest of the debtor in property- (1) to or for the benefit of a ereditor; (2) for or on account of an antecedent debt owed by the debtor before such transfer was made; (3) made while the debtor was insolvent; (4) made- (A) on or within 90 days before the date of the filing of the petition; or (B) between ninety days and one year before the date of the filing of the petition, if such creditor at the time of such transfer was an insider; and (5) that enables such creditor to receive more than such creditor would receive if- (A) the case were ... under chapter 7 of this title; (B) the transfer had not been made; and (C) such ereditor received payment of such debt to the extent provided by the provisions of this title.”
    2 later decisions quote this exact passage · from the majority
  2. “Cases that have considered the application § 547(b)(2) to the future obligations under an installment loan support this interpretation. They hold that debt is incurred when the loan is made and not when the payments become due. See, e.g., In re Pippin, 46 B.R. 281, 283 (Bankr.W.D.La.1984) (“the date on which a debtor executes a loan contract payable in installments, he also is and becomes legally bound to pay”); In re Anders, 20 B.R. 468, 469 (Bankr.M.D.Fla.1982) (same). The husband became bound to make the monthly payments to the wife on January 1, 1987, more than three years prior to the transfer at issue. Although unmatured, the husband’s future spousal support obligations were antecedent debt.”
    2 later decisions quote this exact passage · from the majority
  3. “deplete[] [the debtor's assets] to the detriment of the other creditors.”
    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.