986 F. Supp. 2d 1029 - General Electric Capital Corp. v. FPL Service Corp.’s Empirical Analysis

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

1. “• In reselling repossessed copiers for GECC and similar clients, Remarketing “contact[s] [its] potential buyers that [it] [has] cultivated through years of previous transactions and marketing by emailing a listing of the particular copier along with other re-sell inventory[,] ... obtain[s] bids from the buyers for a period of 30 days[,] ... [and] aceept[s] the highest bid” (docket no. 16, ¶ 3). • In reselling the copiers, “[Remarketing] emailed approximately 2500 potential buyers which [Remarketing] identified from past transactions and marketing efforts as those that customarily purchase this type of equipment for parts. [Remarketing] identified potential buyers for the copiers by past purchases and confidential and proprietary data fields in [Re-marketing’s] confidential and proprietary database regarding customers for used equipment.” (Docket no. 16, ¶ 6). • Remarketing sold the first copier to the highest bidder — a buyer named “Viet” — for $2,200 (docket no. 16, ¶ 7). O’Connor attached e-mail records of the correspondence between Remarketing and Viet leading up to, and including, the final sale price (docket no. 16, at 8-9). After repossessing the second copier, Remarketing contacted Viet, who purchased the second copier for $2,200 (docket no. 16, ¶ 8). O’Connor provided no documentation regarding the sale of the second copier. • “Among dealers of used copiers, emailing potential buyers to bid on the copiers is in conformity with the copier re-sale industry as [Remarketi”

   1 later decision quote this exact passage · from the majority
   e.g. General Electric Capital Corp. v. FPL Service Corp.

2. “[E]xcept as otherwise provided in section 554.9628, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor ... for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney’s fees exceeds the greater of: (1) the proceeds of the collection, enforcement, disposition, or acceptance; or (2) the amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance. [F]or purposes of ... subparagraph (2), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney’s fees unless the secured party proves that the amount is less than that sum.”

   1 later decision quote this exact passage · from the majority
   e.g. General Electric Capital Corp. v. FPL Service Corp.

3. “[ujnless the secured party proves that compliance with the relevant provisions would have yielded a smaller amount ... the amount that a complying collection, enforcement, or disposition would have yielded is deemed to be equal to the amount of the secured obligation, together with expenses and attorney’s fees. Thus, the secured party may not recover any deficiency unless it meets this burden.”

   1 later decision quote this exact passage · from the majority
   e.g. General Electric Capital Corp. v. FPL Service Corp.