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← 260 B.R. 375 - In Re Scott

In Re Scott’s Empirical Analysis

2001

Citation profile

11
cited by 11 later decisions
August 2013
most recently cited

Relationships

Applies 11 U.S.C. § 362

Relies on Pegram v. Herdrich · Albany Partners Ltd Albany Partners Ltd v. Wp Westbrook Albany Partners Ltd Wp Westbrook Ww C · Soares v. Brockton Credit Union · In Re Leonard J Siciliano Prudential Savings Bank Pasa · Freeman v. Eli Lilly Federal Credit Union (In Re Freeman)

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) [I]f the creditor had actual or constructive knowledge of the bankruptcy filing and, therefore, of the [stay]; (2) if the debtor has acted in bad faith; (3) if there was equity in the property of the estate; (4) if the property was necessary for an effective reorganization; (5) if grounds for relief from the stay existed and a motion, if filed, would have been granted prior to the violation; (6) if failure to grant retroactive relief would cause unnecessary expense to the creditor; and (7) if the creditor has detrimentally changed its position on the basis of the action taken.”
    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.