Laguna Associates Limited Partnership Laguna Associates Limited Partnership v. Aetna Casualty & Surety Company’s Empirical Analysis
30 F.3d 734 · 1994
Citation profile
15 federal appellate · 9 district ·
How this case has been cited
Cited by 105 later decisions — most recently March 2019 · most notably Gibson Group Inc Canadian Pacific Forest Products Limited v. Jd Irving Limited (1995), In Re: Sgl Carbon Corporation Official Committee of Unsecureds (1999)
15 federal appellate · 9 district ·
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. § 1112 · 11 U.S.C. § 362
Relies on Little Creek Development Co. v. Commonwealth Mortgage Corp. · Groves v. Ring Screw Works · Hardin v. Caldwell · Carolin Corp. v. Miller · In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-Appellant
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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the debtor has one asset; (2) the pre-petition conduct of the debt- or has been improper; (3) there are only a few unsecured creditors; (4) the debtor’s property has been posted for foreclosure, and the debtor has been unsuccessful in defending against the foreclosure in state court; (5) the debtor and one creditor have proceeded to a standstill in state court litigation, and the debtor has lost or has been required to post a bond which it cannot afford; (6) the filing of the petition effectively allows the debtor to evade court orders; (7) the debtor has no ongoing business or employees; and (8) the lack of possibility of reorganization.”
10 later decisions quote this exact passage · from the majority“no list is exhaustive of all the factors which could be relevant when analyzing a particular debtor's good faith.”
3 later decisions quote this exact passage · from the majority“Chapter 11 of the Bankruptcy Code is a powerful tool (i.e. automatic stay, marshalling and turnover of assets and discharge of debts) which can be initiated with virtual impunity. Any person who meets the minimal eligibility requirements contained in 11 U.S.C. § 109 (d) may file a Chapter 11 petition. These minimal eligibility requirements render Chapter 11 amenable to abuse. The good faith standard for the filing and maintenance of Chapter 11 cases protects the jurisdictional integrity of the bankruptcy process. It is well established that a lack of good faith constitutes cause for dismissal of a chapter 11 case under 11 U.S.C. § 1112 (b). As this Court has observed: The good faith requirement provides parties in interest and the bankruptcy courts with an important and useful policing tool for preserving the reorganization process for those Chapter 11 cases for which it was actually intended. Its proper application makes certain that debtors who seek bankruptcy reorganization protection do so for no purpose other than to accomplish the legitimate aims and objectives of the statute.... Where, as here, a debtor’s Chapter 11 effort involves essentially a two party dispute based on state law, and the filing of relief represented a litigation tactic to stall and impede the enforcement of legal rights against the debtor, dismissal for “cause”, i.e., bad faith filing is warranted.”
1 later decision quote this exact passage · from the majoritye.g. In Re Nichols
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.