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← 862 F.2d 896 - Regan v. Vinick & Young

Regan v. Vinick & Young’s Empirical Analysis

862 F.2d 896 · 1988

Citation profile

71
cited by 71 later decisions
2
states following
July 2022
most recently cited

14 federal appellate · 15 district · 3 state decisions

How this case has been cited

Cited by 71 later decisions — most recently July 2022 · most notably Independent Oil and Chemical Workers of Quincy Inc v. Procter & Gamble Manufacturing Company (1988), Peckham v. Continental Casualty Insurance (1990)

14 federal appellate · 15 district · 3 state decisions

25019881990200020102020decided

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. § 541 · 11 U.S.C. § 704 · 28 U.S.C. § 1292 · 28 U.S.C. § 157

Relies on Carnegie v. United States · Caplin v. Marine Midland Grace Trust Co. of New York · Arizona v. Hicks · Jacoway v. Anderson · Kelley v. Everglades Drainage District

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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The trustee steps into the shoes of the debtor for the purposes of asserting or maintaining the debtor's causes of action, which become property of the estate.”
    4 later decisions quote this exact passage · from the majority
  2. “Causes of action belonging to the debt- or are included as property of the estate under 11 U.S.C. § 541 (a)(1) (1982). E.g., In re Ozark Restaurant Equip. Co., 816 F.2d 1222, 1225 (8th Cir.), cert. denied, 484 U.S. 848 [ 108 S.Ct. 147 , 98 L.Ed.2d 102 ] (1987); 4 Collier on Bankruptcy ¶ 541.10[1], at 541-63. The Trustee, however, has no power to assert any claim on behalf of the creditors when the cause of action belongs solely to them. E.g., Caplin v. Marine Midland Grace Trust Co., 406 U.S. 416, 434 [ 92 S.Ct. 1678, 1688 , 32 L.Ed.2d 195 ] (1972); In re Ozark, supra, 816 F.2d at 1229-30 ; 4 Collier on Bankruptcy § 541.10[8], at 541-70.”
    3 later decisions quote this exact passage · from the majority
  3. “Speculation or unsubstantiated fears of what may happen in the future cannot provide the basis for a preliminary injunction.”
    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.