In Re Stoecker’s Empirical Analysis
1991
Citation profile
1 district ·
How this case has been cited
Cited by 19 later decisions — most recently April 2014
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. § 1104 · 11 U.S.C. § 303 · 11 U.S.C. § 330 · 11 U.S.C. § 503 · 28 U.S.C. § 1334 · 28 U.S.C. § 157 · 28 U.S.C. § 1930 (§ 246 of the Bankruptcy Reform Act of 1978 (Title 11))
Relies on Hensley v. Eckerhart · Johnson v. Georgia Highway Express, Inc. · Railway Labor Executives' Ass'n v. Ogilvie · Vannier v. United States · Cramer v. Mammoth Mart, Inc.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Even if no objections are raised to a fee application, the Court is not bound to award the fees sought, and in fact, has a duty to independently examine the reasonableness of the fees. In re Chicago Lutheran Hospital Ass’n, 89 B.R. 719, 734-735 (Bankr.N.D.Ill.1988); In re Wyslak, 94 B.R. 540, 541 (Bankr.N.D.Ill.1988); [In re ] Pettibone [Corp.], 74 B.R. [293] at 299-300 [ (Bankr.N.D.Ill.1987) ]; In re NRG Resources, Inc., 64 B.R. 643, 650 (W.D.La.1986). Fees are properly payable out of estate assets when a commensurate benefit to the estate is provided. See In re Ryan, 82 B.R. 929, 931-932 (N.D.Ill.1987); In re Rhoten, 44 B.R. 741, 743 (Bankr.M.D.Tenn.1984). Judge Grady in Ryan stated, “all the decisions interpreting § 330 of the Bankruptcy Code carry over the near-unanimous view of prior Bankruptcy Act cases that, as a matter of law, attorneys may recover fees from the estate only if their labors actually benefited the estate.” Id. at 931 (citations omitted).”
1 later decision quote this exact passage“(a) After notice to any parties in interest and to the United States trustee and a hearing, and subject to sections 326, 328, and 329 of this title, the court may award to a trustee, to an examiner, to a professional person employed under section 327 or 1103 of this title, or to the debtor’s attorney— (1) reasonable compensation for actual, necessary services rendered by such trustee, examiner, professional person or attorney, as the case may be, and by any paraprofessional persons employed by such trustee, professional person or attorney, as the case may be, based on the nature, the extent and the value of such services, the time spent on such services, and the cost of comparable services other than in a case under this title; and (2) reimbursement for actual, necessary expenses, (emphasis added)”
1 later decision quote this exact passage“The burden of proof to show entitlement to the fees requested is on [the requesting party].”). 21 . The fee application”
1 later decision quote this exact passagee.g. In Re Moss
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.