Resolution Trust Corporation Fa v. Northpark Joint Venture’s Empirical Analysis

Citation profile

13 federal appellate · 4 district · 3 state decisions

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

1. “[u]nder Texas law . . . `[a]n action against guarantors of a note for a deficiency following foreclosure on real property is an action involving enforcement of the underlying debt.' Thus, even if Hardy is correct that Texas law governs the deed of trust, it is the Hardy Guaranty, not the deed of trust that creates [Int'l Interests'] right to a deficiency judgment in this case [and accordingly] the law applicable to the Hardy Guaranty that governs [the] deficiency action.”

   1 later decision quote this exact passage · from the majority
   e.g. International Interests, L.P. v. Hardy

2. “The fact that a debt is non-recourse does not change the fact that the debtor is “in debt” to a creditor. Even though North-park cannot be held liable for the amount of debt in its promissory note, it still incurred an “indebtedness” when it signed the note. The amount of the indebtedness is the total sum reflected in the note, plus interest and other costs.”

   1 later decision quote this exact passage · from the majority
   e.g. Provident National Assurance Co. v. Sbrocca

3. “Under the Texas rules, in those contract cases in which the parties have agreed to an enforceable choice of law clause, the law of the chosen state must be applied.”

   1 later decision quote this exact passage · from the majority
   e.g. Phelan v. Highland Capital Mgmt., L.P. (In re Acis Capital Mgmt., L.P.)