In Re Rodriguez’s Empirical Analysis
1999
Citation profile
Relationships
Applies 11 U.S.C. § 1129 · 11 U.S.C. § 1322 · 11 U.S.C. § 326 · 11 U.S.C. § 330 · 11 U.S.C. § 503 · 11 U.S.C. § 706 · 11 U.S.C. § 726 · 11 U.S.C. § 727
Relies on Gill v. Von Wittenburg (In Re Financial Corp. of America) · Tiffany v. Gill · In Re Fischer · In Re Yale Mining Corp. · In Re Moore
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Subsection (c) provides a limitation not found in current law. Even if more than one trustee serves in the case, the maximum fee payable to all trustees does not change. For example, if an interim trustee is appointed and an elected trustee replaces him, the combined total of the fees payable to the interim trustee and the permanent trustee may not exceed the amount specified in this section. Under current law, very often a receiver receives a full fee and a subsequent trustee also receives a full fee. The resultant “double-dipping,” especially in the cases in which the receiver and the trustee are the same individual, is detrimental to the interest of the creditors, and needlessly increases the cost of administering bankruptcy estates.”
1 later decision quote this exact passagee.g. In Re Silvus“It is unacceptable and unwarranted to penalize hard-working interim trustees whose services have contributed to the administration of the bankruptcy estate but who have not actually distributed funds by depriving them of fees even though successor trustees, whether in a case pending under the same chapter or converted to another chapter, are successfully able to make distributions to parties in interest.”
1 later decision quote this exact passagee.g. In Re Hages“Conversion of a case from a case under one chapter of this title to a case under another chapter of this title constitutes an order for relief under the chapter to which the case is converted, but, except as provided in subsections (b) and (c) of this section, does not effect a change in the date of the filing of the petition, the commencement of the case, or the order for relief.”
1 later decision quote this exact passagee.g. In Re Silvus
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.