In the Matter Of: Kmart Corporation, Debtors-Appellees, Appeal Of: Wilhemina Simmons’s Empirical Analysis

Citation profile

1 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In general terms, a court abuses its discretion when its decision is premised on an incorrect legal principle or a clearly erroneous factual finding, or when the record contains no evidence on which the court rationally could have relied.”

   3 later decisions quote this exact passage · from the majority
   e.g. Generation Capital I, LLC v. Fliss (In re Fliss) · Knezovic v. Urban P'ship Bank

2. “A bar order serves the important purpose of enabling the parties to a bankruptcy case to identify with reasonable promptness the identity of those making claims against the bankruptcy estate and the general amount of the claims, a necessary step in achieving the goal of a successful reorganization ... If individual creditors were permitted to postpone indefinitely the effect of a bar order [...] the institutional means of ensuring the sound administration of the bankruptcy estate would be undermined.”

   2 later decisions quote this exact passage · from the majority
   e.g. In re J.S., II, L.L.C. · In Re Js II, LLC

3. “is at bottom an equitable one, taking account of all relevant circumstances surrounding the party’s omission. These include ... the danger of prejudice to the debtor, the length of the delay and its potential impact on judicial proceedings, the reason for the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith.”

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