In Re: Integrated Telecom Express, Inc.’s Empirical Analysis
384 F.3d 108 · 2004
Citation profile
9 federal appellate · 6 district ·
Relationships
Applies 11 U.S.C. § 502
Relies on Toibb v. Radloff · Bank of America National Trust and Savings Association, v. 203 North Lasalle Street Partnership · Little Creek Development Co. v. Commonwealth Mortgage Corp. · 26 1673 74636 James Wilson Associates Metropolitan Life Insurance Company · Carolin Corp. v. Miller
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]t must seek to create or preserve some value that would otherwise be lost - not merely distributed to a different stakeholder - outside of bankruptcy.”
4 later decisions quote this exact passage · from the majority“The protection of the automatic stay is not per se a valid justification for a Chapter 11 filing; rather, it is a consequential benefit of an otherwise good faith filing. A perceived need for the automatic stay, without more, cannot convert a bad faith filing into a good faith one.”
2 later decisions quote this exact passage · from the majority“[A good faith standard] furthers the balancing process between the interests of debtors and creditors which characterizes so many provisions of the bankruptcy laws and is necessary to legitimatize the delay and costs imposed upon parties to a bankruptcy. Requirement [sic] of good faith prevents abuse of the bankruptcy process by debtors whose overriding motive is to delay creditors without benefitting them in any way....”
1 later decision quote this exact passage · from the majority
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.