Byrd v. T’s Empirical Analysis

Citation profile

6 federal appellate · 2 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] claim based upon an unstayed final judgment as to which an appeal has been taken by the debtor is not the subject of a bona fide dispute. Once entered, an unstayed final judgment may be enforced in accordance with its terms and with applicable law or rules, even though an appeal is pending. The filing of an involuntary petition is but one of many means by which a judgment creditor may seek to attempt collection of something upon its judgment. It would be contrary to basic principles respecting, and would effect a radical alteration of, the long-standing enforceability of unstayed final judgments to hold that the pendency of the debtor’s appeal created a “bona fide dispute” within the meaning of Code § 303.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Soderberg and Schafer Cpas, LLC · In Re Marciano

2. “The Bankruptcy Code does not require that a debtor’s assets be dissipated while frivolous or hopeless appeals wend their way through the courts, but neither does it permit debt collection by every creditor that has reduced its claims to judgment. Platinum was eligible to file an involuntary petition against Byrd not simply because Platinum had reduced its claims to judgment, but because Byrd failed to raise any substantial factual or legal questions about the continued viability of those judgments.”

   2 later decisions quote this exact passage · from the majority
   e.g. Marciano v. Fahs (In Re Marciano) · In Re Graber

3. “The Byrd court identified the purpose of the “bona fide dispute” provision as being “to prevent creditors from using involuntary bankruptcy to coerce a debtor to satisfy a judgment even when sub stantial questions may remain concerning the liability of the debtor.” However, the “array of state court enforcement procedures” available to judgment creditors outside of bankruptcy can and are used by those creditors to coerce payment. Nonetheless, courts allow the enforcement of unstayed judgments that are subject to appeal. There is simply no federal interest requiring a different result.”

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