IFG Leasing Co. v. Gordon’s Empirical Analysis
1989
Citation profile
1 federal appellate · 2 district · 16 state decisions
How this case has been cited
Cited by 19 later decisions — most recently July 2024
1 federal appellate · 2 district · 16 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
Relies on Scharf v. BMG Corp. · Tanenbaum v. Economics Laboratory, Inc. · Acton v. Deliran · Zions First National Bank, N.A. v. National American Title Insurance Co. · Copeland Pension Benefit Fund 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Whatever import the modifying language 'or otherwise dispose of’ is intended to have, we conclude that the mere retention of collateral is not the type of disposition which this provision contemplates. A contrary conclusion would obliterate the distinction which the Code draws between the consequences of a secured party's retaining and disposing of collateral. It would permit a secured party to dispose of collateral under § 9-504 by retaining it and in addition, to claim a deficiency. To sanction this course of conduct as 'commercially reasonable’ would contravene the Code's mandate that an effective election to retain the collateral results in a complete discharge of the underlying obligation.””
1 later decision quote this exact passagee.g. McMahan v. Dees“"at least three different approaches to the issue of whether or not a § 9-505(2) election can be made by a creditor where the creditor has not sent the written proposal to the debtor to retain the collateral in satisfaction of the obligation. One group of courts holds that a § 9-505(2) election can be implied from an unreasonable prolonged retention of collateral. A second line of cases holds that an election under § 9-505(2) is impossible absent the service on the debtor of the statutory proposal to retain. A third position requires proof that the creditor definitely manifested an intent to accept the collateral in satisfaction of the obligation.””
1 later decision quote this exact passagee.g. McMahan v. Dees“[Wjhether any particular sale is commercially reasonable is to be determined on a case-by-case basis. That determination depends on whether the circumstances of the sale and the manner and business context in which it occurred support a conclusion that the sale was conducted in a commercially reasonable manner.”
1 later decision quote this exact passage
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.