Probasco’s Empirical Analysis
Citation profile
10 federal appellate · 6 district · 1 state decisions
How this case has been cited
Cited by 78 later decisions — most recently March 2021 · most notably Briggs v. Kent (1992), Robertson v. Peters (1993)
10 federal appellate · 6 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
Relies on Anderson v. City of Bessemer City · United States v. United States Gypsum Co. · Brotherhood of Railway & Steamship Clerks v. Florida East Coast Railway Co. · Ragsdale v. Haller · McCannon v. Marston
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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.”
4 later decisions quote this exact passage · from the majority“(a) The trustee shall have, as of the commencement of the case, and without regard to any knowledge of the trustee or of any creditor, the rights and powers of, or may avoid any transfer of property of the debtor ... that is voidable by— ****** (3) a bona fide purchaser of real property ... from the debtor, against whom applicable law permits such transfer to be perfected, that obtains the status of a bona fide purchaser and has perfected such transfer at the time of commencement of the case, whether or not such a purchaser exists.”
3 later decisions quote this exact passage · from the majority“The Fourth Circuit severely limited the use of section 544(a). In Pyne v. Hartman Paving, Inc. (In re Hartman Paving, Inc.), 745 F.2d 307 (4th Cir.1984), a divided court held that any actual knowledge of a debtor at the time of commencement of the case regarding an unrecorded interest in real property in imputed to a debtor-in-possession so as to limit his rights as a bona fide purchaser ... In a persuasive dissent in Hartman Paving, Chief Judge Winters argued that “a debtor-in-possession ... assumes the same idealized status as the bankruptcy trustee without regard to any knowledge he or any creditor on whose behalf he acts may have.” 745 F.2d at 311 (Winters, C.J., dissenting). A majority of the courts directly addressing the issue share Judge Winters view. [citations omitted ]. For purposes of this opinion, we assume without deciding, that Judge Winter’s position is correct and [the debtor’s] actual knowledge is irrelevant.”
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.