Swanson Humphrey III v. J Buckley’s Empirical Analysis
Citation profile
6 federal appellate · 2 district ·
How this case has been cited
Cited by 82 later decisions — most recently November 2015 · most notably Perkins Teachers' Retirement System State Illinois, Morter v. Farm Credit Services (1991)
6 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
Relies on Samore v. Graham · McLean · Van Dyke v. First National Bank · Matter of Trust Created Under Agreement With McLaughlin · Buckley v. Board of Trustees (In Re Swanson)
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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[M]embers are entitled to a refund of their contributions to the Fund upon termination of employment. While this is a very limited right of control over the Funds, the ability of the beneficiary to control trust assets in any way is inimical to the policies underlying the spendthrift trust.”
9 later decisions quote this exact passage“(c)(1) Except as provided in paragraph (2) of this subsection, an interest of the debtor in property becomes property of the estate under subsection (a)(1), (a)(2), or (a)(5) of this section notwithstanding any provision in an agreement, transfer instrument, or applicable nonbankruptcy law— (A). That restricts or conditions transfer of such interest by the debtor, or ... (2) A restriction on the transfer of a beneficial interest of the debtor in a trust that is enforceable under applicable nonbankruptcy law is enforceable in a case under this title, (emphasis added)”
5 later decisions quote this exact passagee.g. Matter of Lingle · In Re McIntosh“1) The bankruptcy estate of a debtor is comprised of all legal and equitable interests of the debtor pursuant to Section 541(a); 2) The interests of a debtor in a spendthrift trust shall be excluded from the bankruptcy estate pursuant to Section 541(c)(2), thus never becoming part of the debtor’s bankruptcy estate under Section 541(a); 3) The interests that have become part of the estate (those not excluded by Section 541(c)(2)) may be exempted from the estate pursuant to Section 522(f).”
5 later decisions quote this exact passage
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.