In Re Roedemeier’s Empirical Analysis
2007
Citation profile
4 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 1115 (§ 321 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1125 · 11 U.S.C. § 1129
Relies on Norwest Bank Worthington v. Ahlers · Bank of America National Trust and Savings Association, v. 203 North Lasalle Street Partnership · United States v. Smurthwaite · In Re Tegeder · In Re Cardinal Congregate I
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[s]ection 1115 says that “property of the estate includes, in addition to the property specified in section 541-(1) all property of the kind specified in section 541 that the debtor acquires after the commencement of the case,” as well as “(2) earnings from services performed by the debtor after the commencement of the ease.” The plain reading of this statute is that “property of the estate,” for purposes of Section 1115, includes property acquired and earnings earned after the debtor files his or her Chapter 11 petition, in addition to property specified in section 541. Reading these statutes together, “property of the estate” for purposes of Section 1115 includes property and earnings acquired both before and after the commencement of the bankruptcy case.”
1 later decision quote this exact passagee.g. In re Maharaj“If a class of unsecured creditors who are not to be paid in full under an individual Chapter 11 debtor’s plan can bar the debtor from keeping any prepetition property (which will nearly always include the debtor’s interest in whatever business the debtor engages in) by rejecting the plan and invoking the absolute priority rule — -that is, if the new exception in § 1129(b) (2) (B) (ii) is read narrowly — then it is difficult to see what purpose these other, related amendments can serve.”
1 later decision quote this exact passagee.g. In Re Shat“These considerations indicate the narrow reading of the new exception in § 1129(b)(2)(B)(ii) would have little impact on this Debtor's (and probably most other individual debtors') ability to reorganize in Chapter 11.”
1 later decision quote this exact passagee.g. In re Lively
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.