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← 405 BR 84 - In Re Chrysler LLC

In Re Chrysler LLC’s Empirical Analysis

2009

Citation profile

31
cited by 31 later decisions
2
states following
April 2018
most recently cited

2 federal appellate · 1 district · 3 state decisions

Relationships

Applies 11 U.S.C. § 1107 · 11 U.S.C. § 1109 · 11 U.S.C. § 363 · 11 U.S.C. § 365 · 12 U.S.C. § 5201 (§ 2 of the Mental Health Parity and Addiction Equity Act of 2008)

Relies on Mullane v. Central Hanover Bank & Trust Co. · United States v. Security Industrial Bank · Florida Department of Revenue v. Piccadilly Cafeterias, Inc. · Committee of Equity Security Holders v. Lionel Corp. · Braniff Airways Inc Pension Benefit Guaranty Corporation Continental Air Lines Inc v. Braniff Airways Inc

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

  1. “The objecting retirees represented by the UAW objected to the modification of retiree benefits under the settlement agreement between New Chrysler and the UAW, but those objections are overruled because the UAW was the objectors’ authorized representative under section 1114, and the modifications were negotiated in good faith pursuant to that section. The objecting retirees not represented by the UAW whose benefits are adversely impacted may have unsecured claims against the Debtors’ estates, but the purchased assets are sold free and clear of those potential unsecured claims. For those reasons, their objections to the Sale Motion are overruled. Further, the Court finds that if the Sale Motion were not approved, which would likely result in the Debtors’ liquidation, there would likely be no value to distribute any retirees, all of whom would be unsecured creditors.”
    1 later decision quote this exact passage
  2. “The trustee may sell property under subsection (b) ... of this section free and clear of any interest in such property of an entity other than the estate, only if — • (1) applicable nonbankruptcy law permits sale of such property free and clear of such interest; (2) such entity consents; (3) such interest is a lien and the price at which such property is to be sold is greater than the aggregate value of all liens on such property; (4) such interest is in bona fide dispute; or (5) such entity could be compelled, in a legal or equitable proceeding, to accept a money satisfaction of such interest.”
    1 later decision quote this exact passage

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.