In Re Eclair Bakery Ltd.’s Empirical Analysis
2000
Citation profile
1 district ·
Relationships
Applies 11 U.S.C. § 362 · 11 U.S.C. § 541 · 28 U.S.C. § 1408 · 28 U.S.C. § 1412
Relies on Butner v. United States · Gulf States Exploration Co. v. Manville Forest Products Corp. · 48th Street Steakhouse, Inc. v. Rockefeller Group, Inc. · C-TC 9th Avenue Partnership v. Norton Co. · Matter of GSVC Restaurant Corp.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided under subsection (a) of this section, such as by terminating, annulling, modifying or conditioning such stay— (1) for cause ....”
2 later decisions quote this exact passage“[Wjhere state court litigation under the escape valve provided under the second clause of RPAPL § 749(3) is pending, or the basis for good faith litigation is apparent ... a continuation of stay protection, at least for a limited time, may be appropriate. By contrast, where state court litigation is not pending or in the cards, or where the debtor has failed to show any basis for a belief that the state court will grant relief, the prepetition termination of the landlord-tenant relationship will at least normally provide cause for relief from the stay.”
1 later decision quote this exact passagee.g. In Re Syndicom Corp.“On the facts of this case, there is no basis whatever for the exercise of any applicable power of this Court to protect the Debtor while it engages in further defaults and/or further delay, or to otherwise protect it from the termination of the Lease that has already resulted in state court.”
1 later decision quote this exact passagee.g. In Re Syndicom Corp.
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.