Bdc Llc v. Bdc Llc Dwf’s Empirical Analysis

Citation profile

2 district ·

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

1. “An involuntary case ... is commenced .... (1) by three or more entities, each of which is either a holder of a claim against such person that is not contingent as to liability or the subject of a bona fide dispute as to liability or amount ...”

   4 later decisions quote this exact passage · from the majority
   e.g. Metz v. Dilley (In Re Dilley) · In re Gen. Aeronautics Corp.

2. “Any creditor wishing to invoke the bankruptcy court’s jurisdiction in an involuntary case should be required to demonstrate at the earliest practicable point that its petition satisfies this requirement. Otherwise, creditors could, on the basis of relatively untested claims, haul a solvent debtor with whom they have legitimate disputes into bankruptcy court and force it to defend an involuntary proceeding while the bankruptcy court leaves for a later merits determination whether the debtor is even properly before it.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Mountain Dairies, Inc.

3. “Once a prima facie case has been established, the burden shifts to the debtor to demonstrate the existence of a bona fide dispute.... “Because the standard is objective, neither the debtor’s subjective intent nor his subjective belief is sufficient to meet this burden,” and “[t]he court’s objective is to ascertain whether a dispute that is bona fide exists; the court is not to actually resolve the dispute.””

   1 later decision quote this exact passage · from the majority
   e.g. In Re Mountain Dairies, Inc.