Eastern Refractories Co. v. Forty Eight Insulations Inc.’s Empirical Analysis
157 F.3d 169 · 1998
Citation profile
4 federal appellate · 2 district · 5 state decisions
How this case has been cited
Cited by 46 later decisions — most recently August 2024 · most notably Middle Tennessee News Co. v. Charnel of Cincinnati, Inc. (2001), United States v. Colasuonno (2012)
4 federal appellate · 2 district · 5 state decisions
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
Relies on Albany Partners Ltd Albany Partners Ltd v. Wp Westbrook Albany Partners Ltd Wp Westbrook Ww C · Rexnord Holdings, Inc. v. Bidermann · 48th Street Steakhouse, Inc. v. Rockefeller Group, Inc. · Sikes v. Global Marine, Inc. · Shimer v. Fugazy
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; (2) the enforcement ... of a judgment obtained before the commencement of the case under this title; (3) any act to obtain possession of property of the estate ...; [and] (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case....”
3 later decisions quote this exact passage · from the majority“[A]n order `annulling' a stay does have retroactive effect, and thereby reaches back in time to validate proceedings or actions that would otherwise be deemed void ab initio.”
2 later decisions quote this exact passage · from the majority“to allow Eastern to proceed with its action in the Southern District Court. Id. at 172 . In the present case, the Gregorys also filed their proposed complaint against Zollman after the automatic stay was in effect. Zollman then moved to dismiss the proposed complaint on the grounds that the complaint was filed in violation of the automatic stay. Subsequently, the Gregorys petitioned the bankruptcy court for relief from the automatic stay so that they could proceed with their complaint. On November 17, 1999, the bankruptcy court issued the following order modifying the automatic stay:”
1 later decision quote this exact passage · from the majoritye.g. Zollman v. Gregory
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.