In Re Mildevco, Inc.’s Empirical Analysis

Citation profile

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

1. “The outlines of the good faith concept are emerging from the caselaw. Where a debtor’s reorganization effort involves essentially a two-party dispute which can be resolved outside the bankruptcy court’s jurisdiction, and the purpose of the filing is to frustrate a creditor’s sale, it has been held that the petition was not in good faith. See In re Landmark Capital Company, 27 B.R. 273 (Bkrptcy.D.Ariz.1983). It is an imposition on a bankruptcy court’s .jurisdiction to file a case in order to permit the principals of the debtor to retrieve, at their creditors’ risk, a portion of their investment by appreciation in land values or some new but untested marketing theory. Cf. In re The Alison Corp., 9 B.R. 827 (Bkrptcy S.D.Cal.1981).”

   1 later decision quote this exact passage
   e.g. In Re Sar-Manco, Inc.

2. “One circumstance leading courts to dismiss cases under the good faith requirement, presenting analogy to the instant petitions, is the “new debtor syndrome.” These dismissals occur where a debtor corporation is formed, often shortly before the petition is filed, for little purpose other than to obtain the benefit of the bankruptcy laws. These cases mandate dismissal because “bankruptcy courts should preserve their jurisdictional integrity by refusing to allow entities not eligible for bankruptcy relief to obtain relief by a transformation which lacks any legitimate business purpose.””

   1 later decision quote this exact passage
   e.g. In Re Assembled Interests Corp.