In Re Arrowmill Development Corp.’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 2 state decisions

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.

1. “Where the creditor consents to the release, and presumably receives consideration in exchange for that agreement, it has not been forced by virtue of the discharge provisions of the code. . . [A]s the settlements arise by agreement and not by operation of law, they do not run afoul of section 524(e)”

   1 later decision quote this exact passage
   e.g. In Re: Continental Airlines

2. “[W]hen a release of liability of a nondebtor is a consensual provision . . . agreed to by the effected creditor, it is no different from any other settlement or contract and does not implicate 11 U.S.C. § 524(e). A voluntary, consensual release is not a discharge in bankruptcy.”

   1 later decision quote this exact passage
   e.g. Food Lion, Incorporated v. S. L. Nusbaum Insurance Agency, Incorporated R. B. Nash Francis, Jr., and American Diversified Insurance Company

3. “[S]ection 524(e) provides only that a discharge does not affect the liability of third parties. This language does not purport to limit or restrain the power of the bankruptcy court to otherwise grant a release to a third party.”

   1 later decision quote this exact passage
   e.g. Food Lion, Incorporated v. S. L. Nusbaum Insurance Agency, Incorporated R. B. Nash Francis, Jr., and American Diversified Insurance Company