T-H New Orleans Limited Partnership Financial Security Assurance Inc v. T-H New Orleans Limited Partnership’s Empirical Analysis
116 F.3d 790 · 1997
Citation profile
29 federal appellate · 10 district ·
How this case has been cited
Cited by 155 later decisions — most recently September 2022 · most notably In the Matter of United States Brass Corporation, 203 Lasalle Street Partnership Bank of America Illinois (1997)
29 federal appellate · 10 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. § 1129 · 11 U.S.C. § 506
Relies on United States v. Ron Pair Enterprises, Inc. · Harris v. Reed · United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. · Associates Commercial Corp. v. Rash · Rake v. Wade
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 155 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[o]nly a reasonable assurance of commercial viability is required.”
6 later decisions quote this exact passage · from the majority“... [W]e conclude that for purposes of determining whether a creditor is entitled to accrue interest under § 506(b) in the circumstance where the collateral’s value is increasing and/or the creditor’s allowed claim has been or is being reduced by cash collateral payments, such that at some point in time prior to confirmation of the debtor’s plan the creditor may become oversecured, valuation of the collateral and the creditor’s claim should be flexible and not limited to a single point in time, such as the petition date or confirmation date.”
4 later decisions quote this exact passage · from the majority“[t]he requirement of good faith must be viewed in light of the totality of the circumstances surrounding establishment of a Chapter 11 plan, keeping in mind the purpose of the Bankruptcy Code is to give debtors a reasonable opportunity to make a fresh start.”
4 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.