Koubourlis’s Empirical Analysis

Citation profile

1 federal appellate · 1 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For evidence of a debtor’s insolvency, the trustee enjoys the presumption that, for purposes of avoiding a preferential transfer, “the debtor is presumed to have been insolvent on or during the 90 days immediately preceding the date of the filing of the petition [in bankruptcy].” 11 U.S.C. § 547 (f). This presumption is defined in Fed.R.Evid. 301 and requires the party against whom the presumption exists, ... to come forward with some evidence to rebut the presumption, although the burden of proof remains on the party in whose favor the presumption exists, ... See 11 U.S.C. § 547 (f) advisory committee’s note. Therefore, in the absence of evidence to rebut the presumption, Koubourlises were entitled to rely on the § 547(f) presumption to establish their insolvency. If Akers came forward with evidence to meet or rebut the presumption, the burden of persuasion would be on the Kourbourlises to establish insolvency. Matter of Emerald Oil Co., 695 F.2d 833, 838 (5th Cir. 1983). However, Akers must show evidence of Kourbourlises solvency. A speculative showing, such as simply questioning the debtor’s accounting methods, is insufficient. Id. at 839 (emphasis added). 2. Federal Rule of Evidence 301 provides: In all civil actions and proceedings not otherwise provide for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the bur”

   3 later decisions quote this exact passage · from the majority
   e.g. Whittaker v. Citra Trading Corp. (In re International Diamond Exchange Jewelers, Inc.) · Raslavich v. Elkins (In Re Old World Cone Co.)

2. “[a] financial condition such that the sum of [the debtor’s] debts is greater than all of [the debtor’s] property, at a fair valuation, exclusive of (i) property transferred, concealed, or removed with intent to hinder, delay, or defraud [the debtor’s] creditors; and (h) property that may be exempted from property of the estate under section 522 of this title.”

   2 later decisions quote this exact passage · from the majority
   e.g. Whittaker v. Citra Trading Corp. (In re International Diamond Exchange Jewelers, Inc.) · Babiker v. Citizens Contracting Co. (In Re Babiker)

3. “{T]he trustee may avoid any transfer of an interest of the debtor in property-. (1) to or for the benefit of a creditor; (2) for or on account of an antecedent debt owed by the debtor before such transfer was made; (3) made while the debtor was insolvent; (4) made- (A) on or within 90 days before the date of the filing of the petition; (5) that enables such creditor to receive more than such creditor would receive if- (A) the case were a case under chapter 7 of this title; (B) the transfer had not been made; and (C) such creditor received payment of such debt to the extent provided by the provisions of this title.”

   1 later decision quote this exact passage · from the majority
   e.g. Wolkowitz v. American Research Corp.