In Re: Enron Corp’s Empirical Analysis
Citation profile
3 district ·
How this case has been cited
Cited by 93 later decisions — most recently July 2021 · most notably In Re Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd. (2008), Parker v. Motors Liquidation Co. (In Re Motors Liquidation Co.) (2010)
3 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Pioneer Investment Services Company v. Brunswick Associates Limited Partnership · 118 S. Ct. 335 - Gens v. Federal Deposit Insurance · Reno v. Kim Ho Ma · Kansas v. Colorado · DeGennaro v. Furr
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the danger of prejudice ..., [2] the length of the delay and its potential impact on judicial proceedings, [3] the reason for the delay, including whether it was within the reasonable control of the movant, and [4] whether the movant acted in good faith.”
3 later decisions quote this exact passage · from the majority“Courts considering amendments to claims typically engage in a two-step inquiry: First, they examine “ ‘whether there was [a] timely assertion of a similar claim or demand evidencing an intention to hold the estate liable.’ ” Id. (quoting In re Black & Geddes, Inc., 58 B.R. 547, 553 (S.D.N.Y.1983)). An amendment will meet this threshold of it “1) corrects a defect of form in the original claim; 2) describes the original claim with greater particularity; or 3) pleads a new theory of recovery on the facts set forth in the original claim.” In re McLean Indus., Inc., 121 B.R. 704, 708 (Bankr.S.D.N.Y.1990)(citing In re G.L. Miller & Co., 45 F.2d 115, 116 (2d Cir.1930)). Second, if an amendment does, in fact, “relate back” to the timely filed claim, courts will “examine each fact within the case and determine if it would be equitable to allow the amendment.” In re Integrated Res., Inc., 157 B.R. at 70 . Multiple factors play a role in the analysis, including whether the debtor, or other creditors, would be unduly prejudiced by the amendment, or whether, instead, other creditors would “receive a windfall” from the disallowance of the amendment, and whether the late claimant acted in good faith and the delay was justified. See, id.; see also In re McLean Indus., Inc., 121 B.R. at 708 . Of these, however, “[t]he critical consideration is whether the opposing party will be unduly prejudiced by the amendment.” In re Integrated Res., Inc., 157 B.R. at 70 . Id. at 133 .”
2 later decisions quote this exact passage · from the majority“freely allowed where the purpose is to cure a defect in the claim as originally filed, to describe the claim with greater particularity, or to plead a new theory of recovery on the facts set forth in the original claim. However, the court must subject post bar date amendments to careful scrutiny to assure that there was no attempt to file a new claim under the guise of amendment.”
2 later decisions 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.