Belisle v. Plunkett’s Empirical Analysis
877 F.2d 512 · 1989
Citation profile
13 federal appellate · 4 district ·
How this case has been cited
Cited by 69 later decisions — most recently October 2018 · most notably XL/Datacomp, Inc. v. Wilson (1994), Resolution Trust Corp. v. Ruggiero (1993)
13 federal appellate · 4 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
Applies 11 U.S.C. § 523 · 11 U.S.C. § 544 · 28 U.S.C. § 158
Relies on Butner v. United States · United States v. Whiting Pools, Inc. · Pittston Coal Group v. Sebben · McCannon v. Marston · 71496 Morse Electric Company Inc Hoosier Fence Company Inc
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(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 or any obligation incurred by the debtor that is voidable by— (1) a creditor that extends credit to the debtor at the time of the commencement of the case, and that obtains, at such time and with respect to such credit, a judicial lien on all property on which a creditor on a simple contract could have obtained such a judicial lien, whether or not such a creditor exists; (2) a creditor that extends credit to the debtor at the time of the commencement of the case, and obtains, at such time and with respect to such credit, an execution against the debtor that is returned unsatisfied at such time, whether or not such a creditor exists; or (3) a bona fide purchaser of real property, other than fixtures, 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 the commencement of the case, whether or not such a purchaser exists.”
3 later decisions quote this exact passage · from the majority“general conclusion” is based on the court's holding that "a constructive trust, unlike an express trust, is a remedy ... [and] does not exist until a plaintiff obtains a judicial decision” imposing that remedy. Id. at 1451 . That holding is not a statement of bankruptcy law. In this case, however, it is not necessary to find the precise boundaries between state and federal law because, as we discuss below, Illinois law is in agreement with the Sixth Circuit’s characterization of constructive trust as a remedy. 8 . We are concerned here with a claim of constructive trust to remedy unjust enrichment of the sort alleged by Skadden. There is another situation that may involve constructive trust as a remedy, but that really involves another basis for a claim to an ownership interest in the property: If the debtor possesses a stolen diamond ring, the real owner's rights would trump those of a judgment creditor, and under the Code therefore would defeat the claims of all of the debt- or's creditors. Whether or not we say that the debtor holds the ring in "constructive trust”
3 later decisions quote this exact passage · from the majority“allowing the estate to 'benefit from property that the debtor did not own' is exactly what the strong-arm powers are about: they give the trustee the status of a bona fide purchaser for value, so that the estate contains interests to which the debtor lacked good title.”
3 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.