C-TC 9th Avenue Partnership v. Norton Co.’s Empirical Analysis
113 F.3d 1304 · 1997
Citation profile
4 federal appellate · 8 district ·
How this case has been cited
Cited by 121 later decisions — most recently February 2019 · most notably In Re: Sgl Carbon Corporation Official Committee of Unsecureds (1999), Blackwood Associates Lp Harvis Trien Beck Pc v. Federal Home Loan Mortgage Corporation Lp (1998)
4 federal appellate · 8 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 Toibb v. Radloff · Little Creek Development Co. v. Commonwealth Mortgage Corp. · Chicago Title & Trust Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp. · Oneida Motor Freight, Inc. v. United Jersey Bank · Phoenix Piccadilly, Ltd. v. Life Insurance
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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the debtor has only one asset; (2) the debtor has few unsecured creditors whose claims are small in relation to those of the secured creditors; (3) the debtor’s one asset is the subject of a foreclosure action as a result of arrear-ages or default on the debt; (4) the debtor’s financial condition is, in essence, a two party dispute between the debtor and secured creditors which can be resolved in the pending state foreclosure action; (5) the timing of the debt- or’s filing evidences an intent to delay or frustrate the legitimate efforts of the debtor’s secured creditors to enforce their rights; (6) the debtor has little or no cash flow; (7) the debtor can’t meet current expenses including the payment of personal property and real estate taxes; and (8) the debtor has no employees.”
32 later decisions quote this exact passage · from the majority“[i]n any event, while a debtor may conclude Chapter 11 proceedings by liquidating and may even enter them with an intent to liquidate if necessary, there is no reason a debtor should be permitted to enter these proceedings without a possibility of reorganization. C-TC has not claimed that there was (or is) any possibility of reorganization here. Hence, although the issue is waived, we believe that it is, in any event, without merit.”
3 later decisions quote this exact passage · from the majority“The good faith standard applied to bankruptcy petitions “furthers the balancing process between the interests of debtors and creditors which characterizes so many provisions of the bankruptcy laws and is necessary to legitimize the delay and costs imposed upon parties to a bankruptcy.””
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.