In Re Powers’s Empirical Analysis
1994
Citation profile
2 district ·
How this case has been cited
Cited by 14 later decisions — most recently April 2018
2 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. § 362
Relies on Commerzanstalt v. Telewide Systems, Inc. · In Re Sky Group International, Inc. · In Re Citadel Properties, Inc. · In Re Cheeks · In Re Club Tower L.P.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Once the pre-petition waiver has been established, the burden is upon the opposing parties to demonstrate that it should not be enforced. In addition to the extraordinary matters which Judge Paskay listed in [In re] B.O.S.S. Partners [I] , supra [ 37 B.R. 348 (Bankr. M.D. Fla. 1984) ], the Court will consider other factors, such as the benefit which the debtor received from the workout agreement as a whole; the extent to which the creditor waived rights or would be otherwise prejudiced if the waiver is not enforced; the effect of enforcement on other creditors; and, of course, whether there appears to be a likelihood of a successful reorganization. While the last is generally considered an element of proof under § 362(d)(2)(B), an analysis in accordance with the discussion in In re Building 62 Ltd. Partnership , 132 B.R. 219 , 222 (Bankr. D. Mass. 1991) is certainly relevant in the present context.”
1 later decision quote this exact passage“Perhaps the most compelling reason for enforcement of the forbearance agreement is to further the public policy in favor of encouraging out of court restructuring and settlements.... Bankruptcy Courts may be an appropriate forum for settling many of society’s problems, but some disputes are best decided through other means. In the instant case, the Debtor received relief under the forbearance agreement approximating that which would have been available in a bankruptcy proceeding.”
1 later decision quote this exact passage“the waiver is a primary element to be considered in determining if cause exists for relief from the automatic stay under § 362(d)(1). However, the existence of the waiver does not preclude third parties, or the debtor, from contesting the motion.”
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.