Smith v. Mixon’s Empirical Analysis
788 F.2d 229 · 1986
Citation profile
11 federal appellate · 1 district ·
How this case has been cited
Cited by 36 later decisions — most recently January 2012 · most notably Bonded Financial Services, Inc. v. European American Bank (1988), Sherman
11 federal appellate · 1 district ·
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. § 547 · 11 U.S.C. § 550
Relies on McCannon v. Marston · Gillman v. Preston Family Investment Co. (In Re Richardson) · Varon v. Trimble, Marshall & Goldman, P.C. (In Re Euro-Swiss International Corp.) · Sprague v. Kelly (In Re Kelly)
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Except as otherwise provided in this section, to the extent that a transfer is avoided ..., the trustee may recover, for the benefit of the estate, the property transferred, or, if the court so orders, the value of such property, from— (1) the initial transferee of such transfer or the entity for whose benefit such transfer was made; or (2) any immediate or mediate transferee of such initial transferee. (b) The trustee may not recover under section (a)(2) of this section from— (1) a transferee that takes for value, including satisfaction of securing of a present or antecedent debt, in good faith, and without knowledge of the voidability of the transfer avoided; or (2) any immediate or mediate good faith transferee of such transferee. * * * * * *”
5 later decisions quote this exact passage“knew facts that would lead a reasonable person to believe that the property transferred was recoverable.”
4 later decisions quote this exact passagee.g. Goldman v. Capital City Mortgage Corp. · In Re Larry Wayne Sherman Karen Lucille Sherman, Debtors. Jack E. Brown, Trustee v. Third National Bank, J.D. Sherman Doris Sherman Junior D. Sherman Junior D. Sherman and Doris M. Sherman Revocable Trust, in Re Larry Wayne Sherman in Re Karen Lucille Sherman, Debtors. Jack E. Brown, Trustee v. Third National Bank, J.D. Sherman Doris Sherman Junior D. Sherman Junior D. Sherman and Doris M. Sherman Revocable Trust“of Lah, the IRS can prevail if the IRS shows that it took for value, in good faith, and without knowledge of the voidability of the transfer. 40 In this case, since it is stipulated that the transfer is voidable, the trustee can recover from the IRS if the IRS is the”
3 later decisions 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.