Kupetz v. Wolf’s Empirical Analysis
845 F.2d 842 · 1988
Citation profile
15 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 65 later decisions — most recently December 2016 · most notably Mellon Bank Na 91-3160 v. Metro Communications Inc (1991), HBE Leasing Corp. v. Frank (1995)
15 federal appellate · 3 district · 2 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. § 544 · 11 U.S.C. § 548 · 28 U.S.C. § 1291 · 28 U.S.C. § 1334 · 29 U.S.C. § 1381 (§ 4201 of the Employee Retirement Income Security Act of 1974)
Relies on Pepper v. Litton · Anschuetz & Co. v. Mississippi River Bridge Authority · School Board of Nassau County, Florida, Et Al. v. Arline · Josiah Coder v. William Arts · Darring v. Kincheloe
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he trustee may avoid any transfer of an interest of the debtor in property ... that is voidable under applicable law by a creditor holding an unsecured claim....”
12 later decisions quote this exact passage · from the majoritye.g. Weatherite Plotkin v. R & H Myers Company Inc · Mellon Bank, N.A., in No. 91-3160 v. Metro Communications, Inc. T/a Metrosports, Debtor-In-Possession, and the Pacific 10 Conference v. The Committee of Unsecured Creditors, Intervenor in District Court, Grant Street National Bank (In Liquidation), in No. 91-3105“Every conveyance made without fair consideration when the person making it is engaged or is about to engage in a business or transaction for which the property remaining in his hands after the conveyance is an unreasonably small capital, is fraudulent as to creditors and as to other persons who become creditors during the continuance of such business or transaction without regard to his actual intent.”
4 later decisions quote this exact passage · from the majority“Every conveyance made and every obligation incurred by a person who is or will be thereby rendered insolvent is fraudulent as to creditors without regard to his actual intent if the conveyance is made or the obligation is incurred without a fair consideration.”
4 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.