Hoffinger Industries Inc v.’s Empirical Analysis

Citation profile

3 district · 6 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]f applicable nonbankruptcy law ... fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor ... and such period has not expired before the date of the filing of the [bankruptcy] petition, then such period does not expire until the later of— (1) the end of such period, including any suspension of such period occurring on or after the commencement of the case; or (2) 30 days after notice of the termination or expiration of the stay under section 362, 922, 1201, or 1301 of this title, as the case may be, with respect to such claim.”

   2 later decisions quote this exact passage · from the majority
   e.g. Brashear v. Victoria Gardens of McKinney, L.L.C. · In Re Meredith

2. “[W]e reject [creditor’s reliance on Johnson v. First Nat’l Bank of Montevideo, Minn., 719 F.2d 270 (8th Cir.1983), for the proposition that, although the appeal is stayed, the period to file the notice of appeal is not suspended by the automatic stay.... Since we believe that the filing of the notice of appeal in state court is one aspect of a continuation of a judicial “proceeding against a debtor,” and thus stayed by § 362(a)(1), see, e.g., Parker v. Bain, 68 F.3d 1131, 1138 (9th Cir.1995), we also believe that it is encompassed within the plain meaning of § 108(c), and therefore that the deadline to file the notice of appeal is extended by § 108(c)(2) until at least thirty days after notice of the stay’s termination or expiration.”

   1 later decision quote this exact passage · from the majority
   e.g. 162 So. 3d 209 - AmMed Surgical Equipment, LLC v. Professional Medical Billing Specialists, LLC

3. “Thus, when the debtor has a deadline for filing an appeal prior to bankruptcy, if the action was originally brought against the debtor, the trustee [or debt- or-in-possession] need not meet the 60 day time limit of section 108(b) since the action would have been stayed by section 362. There is no need to file pleadings or other briefs in a proceeding which has been stayed; section 108(c) will be applicable if the stay terminates.”

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