In Re Fall’s Empirical Analysis
2008
Citation profile
1 district ·
Relationships
Applies 11 U.S.C. § 1112 · 28 U.S.C. § 157
Relies on In the Matter of Woodbrook Associates, Debtor-Appellant · G-I Holdings Inc Gaf v. G-I Gaf · Nester v. Gateway Access Solutions, Inc. (In Re Gateway Access Solutions, Inc.) · In Re Schriock Construction, Inc. · In Re Products Intern. Co.
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although section 1112(b) does not define the phrase “unusual circumstances,” it clearly contemplates conditions that are not common in most chapter 11 cases. Although each chapter 11 case is to some extent unique, and unusual circumstances may exist in any particular case regardless of its size or complexity, the import of section 1112(b) is that, if cause exists, the case should be converted or dismissed unless unusual facts or circumstances demonstrate that the purposes of chapter 11 would be better served by maintaining the case as a chapter 11 proceeding.”
1 later decision quote this exact passagee.g. In Re Wahlie“... absent unusual circumstances specifically identified by the court that establish that the requested conversion or dismissal is not in the best interests of creditors and the estate, the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, if the movant establishes cause.”
1 later decision quote this exact passage“given the lack of any substantive evidence that substantial equity exists for the estate as a whole”
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.