Housecraft Industries Usa Inc v.’s Empirical Analysis

Citation profile

3 district · 1 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(i) the Committee must have the consent of the debtor in possession or trustee, and (ii) the Court finds that suit by the committee is (a) in the best interests of the bankruptcy estate, and (b) is “necessary and beneficial” to the fair and efficient resolution of the bankruptcy proceedings.”

   3 later decisions quote this exact passage · from the majority
   e.g. Scott v. National Century Financial Enterprises, Inc. (In Re Baltimore Emergency Services II, Corp.) · Adelphia Communications Corp. v. Bank of America, N.A. (In Re Adelphia Communications Corp.)

2. “The jurisdiction of the bankruptcy courts, like that of other federal courts, is grounded in, and limited by, statute. Title 28 U.S.C. § 1334 (b) provides that “the district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to a case under title 11.” The district courts may, in turn, refer “any or all proceedings arising under title 11 or arising in or related to a case under title 11 ... to the bankruptcy judges for the district.” - 28 U.S.C. § 157 (a). Here, the Bankruptcy Court’s jurisdiction ... must be based on the “arising under,” “arising in,” or “related to” language of §§ 1334(b) and 157(a).”

   1 later decision quote this exact passage · from the majority
   e.g. McCarthy v. Radcliffe (In Re Radcliffe)

3. “The Trustee’s participation as a party is also significant because, unlike the plaintiffs in Commodore, [the creditor-plaintiff] is not replacing the Trustee as a claimant; it is simply assisting him with the litigation. The Agreement requires that [the creditor-plaintiff] and the Trustee confer on decisions concerning the claims to be jointly prosecuted. Consequently, the Trustee has all the rights of a party-plaintiff, including the right to control the course of the litigation with [the creditor-plaintiff] under the supervision of the District Court. 9”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Milazzo