Ns Garrott Sons Ns Garrott Sons v. Union Planters National Bank of Memphis & Ns Garrott & Sons Ns Garrott & Sons’s Empirical Analysis
772 F.2d 462 · 1985
Citation profile
34 federal appellate · 11 district · 1 state decisions
How this case has been cited
Cited by 160 later decisions — most recently December 2018 · most notably XL/Datacomp, Inc. v. Wilson (1994), 20 Collier bankr.cas.2d 19, Bankr. L. Rep. P 72,385, 7 Ucc rep.serv.2d 656 in Re Bellanca Aircraft Corporation, Debtor (Three Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas Corporation, (Two Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas Corporation (1988)
34 federal appellate · 11 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. § 541 · 12 U.S.C. § 2017
Relies on Butner v. United States · United States v. Whiting Pools, Inc. · Reavis v. Antinore · Drexel Burnham Lambert Inc. v. Flight Transportation Corp.
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 160 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Property in which the debtor holds, as of the commencement of the case, only legal title and not an equitable interest ... becomes property of the estate under subsection (a)(1) or (2) of this section only to the extent of the debtor’s legal title to such property, but not to the extent of any equitable interest in such property that the debtor does not hold.”
20 later decisions quote this exact passage · from the majority“once that determination is made, federal bankruptcy law dictates to what extent that interest is property of the estate.”
3 later decisions quote this exact passage · from the majority“Constructive trusts are said to arise and be imposed in favor of persons entitled to a beneficial interest against one who has secured legal title either by an intentional false oath or promise to hold title for a specified purpose, and having thus obtained title, claims the property as his own, or who violates a confidential or fiduciary duty or is guilty of any other unconscionable conduct which amounts to constructive fraud, [citations omitted]. A constructive trust is an implied trust that arises whenever it appears from the accompanying facts and circumstances that the beneficial interest should not go with the legal title.”
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.