Smith v. Moody’s Empirical Analysis
837 F.2d 719 · 1988
Citation profile
8 federal appellate · 2 district ·
How this case has been cited
Cited by 33 later decisions — most recently October 2010 · most notably Magill v. Newman (1990), Neuton v. Danning (1990)
8 federal appellate · 2 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. § 105 · 11 U.S.C. § 541 · 11 U.S.C. § 542 · 11 U.S.C. § 550 · 28 U.S.C. § 1334
Relies on Goff v. Taylor · Southmark Properties v. Charles House Corp. · Hines v. Sands · Togut v. Hecht (In Re Hecht)
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the settlor is also a beneficiary of the trust, a provision restraining the voluntary or involuntary transfer of his beneficial interest does not prevent his creditors from satisfying claims from his interest in the trust estate.”
3 later decisions quote this exact passage · from the majoritye.g. Texas Commerce Bank-San Angelo, N.A. v. Shurley (In Re Shurley) · Bankr. L. Rep. P 77,423, 11 tex.bankr.ct.rep. 259 in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. Billy R. Shurley and Jane Bryant Shurley v. Texas Commerce Bank--Austin, N.A. And Texas Commerce Bank--San Angelo, N.A., in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. Billy R. Shurley and Jane Bryant Shurley v. Texas Commerce Bank--San Angelo, N.A., Texas Commerce Bank--Austin, N.A. And Dennis Elam, Trustee, in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. William H. Armstrong, II v. Texas Commerce Bank--San Angelo, N.A., Dennis Elam, Trustee, and Texas Commerce Bank--Austin“In general, a spendthrift trust is one in which the right of the beneficiary to future payments of income or capital cannot be voluntarily transferred by the beneficiary or reached by his or her creditors.”
2 later decisions quote this exact passage · from the majoritye.g. Bankr. L. Rep. P 77,423, 11 tex.bankr.ct.rep. 259 in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. Billy R. Shurley and Jane Bryant Shurley v. Texas Commerce Bank--Austin, N.A. And Texas Commerce Bank--San Angelo, N.A., in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. Billy R. Shurley and Jane Bryant Shurley v. Texas Commerce Bank--San Angelo, N.A., Texas Commerce Bank--Austin, N.A. And Dennis Elam, Trustee, in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. William H. Armstrong, II v. Texas Commerce Bank--San Angelo, N.A., Dennis Elam, Trustee, and Texas Commerce Bank--Austin · Shurley v. Texas Commerce Bank-Austin, N.A.“A restriction on the transfer of a beneficial interest of the debtor in a trust that is enforceable under applicable nonbank-ruptcy law is enforceable in a case under this title.”
2 later decisions 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.