In Re Van Eck’s Empirical Analysis
2010
Citation profile
Relationships
Applies 11 U.S.C. § 105 · 11 U.S.C. § 109 · 11 U.S.C. § 1112 · 11 U.S.C. § 1123 · 11 U.S.C. § 1125 · 11 U.S.C. § 1129 · 11 U.S.C. § 349 · 11 U.S.C. § 362
Relies on District of Columbia Court of Appeals v. Feldman · Rooker v. Fidelity Trust Co. · Jones v. Jackson · New Milford Savings Bank v. Jajer · In the Matter of Woodbrook Associates, Debtor-Appellant
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Once the court determines that “cause” exists (and the Sections 1112(b) exceptions have not been established), Section 1112(b) offers a choice between converting the chapter 11 case to a case under chapter 7 or outright dismissal, “whichever is in the best interests of creditors and the estate,” 11 U.S.C.A. § 1112 (b) (West 2010). “Also, instead of either dismissal or conversion, the court may appoint a trustee or an examiner, if such appointment is in the best interests of creditors and the estate.” Collier on Bankruptcy ¶ 1112.04[7], at 1112-39-1112-40. The Code does not define the phrase “best interests of creditors and the estate.” Presumably, the parties will be the best judge of their own best interests, and if all of the parties agree on one course of action, the court should accommodate their desire. Id. at 1112-40 (footnote omitted).”
1 later decision quote this exact passagee.g. In Re Vaughan“failure to maintain appropriate insurance ... poses a risk to the estate or to the public.”
1 later decision quote this exact passage“failure to maintain appropriate insurance that poses a risk to the estate or to the public”
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.