In Re Chiapetta’s Empirical Analysis
1993
Citation profile
1 federal appellate ·
How this case has been cited
Cited by 20 later decisions — most recently February 2017
1 federal appellate ·
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. § 326 · 11 U.S.C. § 327 · 11 U.S.C. § 328 · 11 U.S.C. § 330 · 11 U.S.C. § 502 · 11 U.S.C. § 726 · 28 U.S.C. § 1961
Relies on Missouri v. Continential Insurance Cos. · Vanston Bondholders Protective Committee v. Green · Maritime Electric Co. v. United Jersey Bank · Simon v. F/S Airlease, II, Inc. · F/s Airlease II Inc v. Simon S-J Swig Investment Company Aircraft Trust No F/s Airlease II Inc Simon S-J F/s Airlease II 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Courts have recognized that administrative claims, including attorneys’ fees pursuant to 11 U.S.C. § 330 (a), are entitled to interest under § 726(a)(5) when there is a surplus in the estate.... But, while determining that administrative claims are entitled to interest, the courts have nevertheless been faced with a quandary. Specifically, the courts are required to pay interest under § 726(a)(5) “at the legal rate from the date of the filing of the petition on any claim paid under ... this subsec tion.” However, professional compensation allowable under § 330(a) often does not arise as a claim until near or at the end of the case, when a court enters a fee award.”
2 later decisions quote this exact passage“The provision which defines attorney’s fees as a compensable administrative expense, Section 503(b), refers to “compensation and reimbursement awarded under section 330.” ... It is not until the fees have been awarded by the bankruptcy court pursuant to Section 330, therefore, that they become an administrative expense entitling them to treatment as a claim under Section 726(a)(5).”
1 later decision quote this exact passage“[P]ayment of interest at the legal rate from the date of the filing of the petition, on any claim paid under paragraph (1), (2), (3), or (4) of this subsection....”
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.