Devan v. Simon DeBartolo Group, L.P.’s Empirical Analysis
180 F.3d 149 · 1999
Citation profile
4 federal appellate · 5 district · 4 state decisions
How this case has been cited
Cited by 59 later decisions — most recently October 2018 · most notably Ford Motor Credit Co. v. Bankruptcy Estate of Parmenter (2008), Shaw v. Ehrlich (2003)
4 federal appellate · 5 district · 4 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. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 348 · 11 U.S.C. § 363 · 11 U.S.C. § 365 · 11 U.S.C. § 502 · 11 U.S.C. § 503 · 28 U.S.C. § 158
Relies on United States v. Ron Pair Enterprises, Inc. · Butner v. United States · Dewsnup v. Timm · Varat Enterprises Inc First Union Commercial Corporation v. Nelson Mullins Riley and Scarborough · Trustees of Amalgamated Insurance Fund v. McFarlin's, 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We believe that this authority [Klein Sleep and In re Lamparter Org., Inc., 207 B.R. 48 (E.D.N.Y.1997)] is equally applicable in this case because the perfection of a new postpetition lease is analogous to the postpetition assumption of a prepetition lease in that the debtor-in-possession undergoes the same deliberative process when it enters into a new lease as when it assumes an old one. When considering whether or not to enter into a new lease, the debtor-in-possession examines a draft lease and determines whether or not it would be in the best interest of the estate. If the debtor-in-possession concludes that the new lease would be in its best interest, it seeks approval from the bankruptcy court. Likewise, when considering whether or not to assume an unexpired lease, the debtor-in-possession examines the unexpired lease and determines whether or not it would be in the best interest of the estate. If the debtor-in-possession concludes that the lease would be in its best interest, it assumes the unexpired lease and seeks approval from the bankruptcy court.”
1 later decision quote this exact passage · from the majority“As far as the landlord, DeBartolo, is concerned, Chapter 7 conversion did not change the lease. Although conversion dramatically altered the character of MGRE, DeBartolo still expected MGRE to honor its lease agreement. If MGRE had been able to sell the lease to another party, DeBartolo would have continued to receive rent payments. Unfortunately, despite its best efforts, MGRE was unable to relet the premises.”
1 later decision quote this exact passage · from the majority“For a claim to qualify as an actual and necessary administrative expense, “(1) the claim must arise out of post-petition transaction between the creditor and the debtor-in-possession (or trustee) and (2) the consideration supporting the claimant’s right to payment must be supplied to and beneficial to the debtor-in-possession in the operation of the business.””
1 later decision 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.