In Re Multi-Group III Ltd. Partnership’s Empirical Analysis
1989
Citation profile
1 federal appellate · 1 district ·
How this case has been cited
Cited by 20 later decisions — most recently April 2010
1 federal appellate · 1 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. § 362 · 11 U.S.C. § 363 · 11 U.S.C. § 544 · 11 U.S.C. § 546 · 11 U.S.C. § 552 · 11 U.S.C. § 723
Relies on Butner v. United States · United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. · Lewis v. Manufacturers National Bank of Detroit · Wolters Village, Ltd. v. Village Properties, Ltd. · Bankr. L. Rep. P 71,239 in Re G. Dwayne Casbeer, Debtor. G. Dwayne Casbeer v. State Federal Savings & Loan Association of Lubbock
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A mortgage or trust deed may provide for an assignment to the mortgagee or beneficiary of the interest of the mortgagor or trustor in leases, rents, issues, profits or income from the property covered thereby, whether effective before, upon or after a default under such mortgage or trust deed or any contract secured thereby, and such assignment may be enforced without regard to the adequacy of the security or the solvency of the mortgagor or trustor by any one or more of the following methods: 1. The appointment of a receiver. 2. The mortgagee or beneficiary taking possession of the property, or without the mortgagee or beneficiary taking possession of the property. 3. Collecting such monies directly from the parties obligated for payment. 4. Injunction, (emphasis added).”
2 later decisions quote this exact passage“... Congress did not intend Section 546(b) as a vehicle for post-petition perfection of a security interest in rents. Its primary purpose ‘is to protect, in spite of the surprise intervention of a bankruptcy petition, those whom state law protects by allowing them to perfect their liens or interests as of an effective date that is earlier than the date of perfection.’ HR Rep. No. 95-595, 95th Cong., 1st Sess. 371 (1977); S Rep. No. 95-989, 95th Cong., 2d Sess. 86 (1978), U.S. Code Cong. & Admin. News 1978, pp. 5787, 5872, 6327.”
1 later decision quote this exact passage“If the Section 552(b) condition that the rental assignment extend to rents means that the lender must possess title to those rents "before commencement of the case," then, absent pre-petition enforcement, assigned rents are not cash collateral pursuant to Section 552(b).”
1 later decision 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.