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← 48 B.R. 965 - In Re Duque

In Re Duque’s Empirical Analysis

1984

Citation profile

27
cited by 27 later decisions
May 2017
most recently cited

3 federal appellate · 1 district ·

How this case has been cited

Cited by 27 later decisions — most recently May 2017 · most notably Nordberg v. Arab Banking Corp. (1990), Engel Ferrara Hantman (1997)

3 federal appellate · 1 district ·

1401984199020002010decided

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

Applies 11 U.S.C. § 1107 · 11 U.S.C. § 327 · 11 U.S.C. § 362 · 11 U.S.C. § 507 · 11 U.S.C. § 523 · 11 U.S.C. § 544 · 11 U.S.C. § 547 · 18 U.S.C. § 1014

Relies on Northern Pipeline Construction Co. v. Marathon Pipe Line Co. · Machinery Rental, Inc. v. Herpel · Barnette v. Evans · Matter of Liberal Market, Inc. · Fondiller v. Robertson (In Re Fondiller)

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

  1. “The trustee, with the court’s approval, may employ, for a specified special purpose, other than to represent the trustee in conducting the case, an attorney that has represented the debtor, if in the best interest of the estate, and if such attorney does not represent or hold any interest adverse to the debtor or to the estate with' respect to the matter on which such attorney is to be employed.”
    3 later decisions quote this exact passage · from the majority
  2. “1. The attorney’s employment must be in the best interest of the estate, which means property of estate is threatened and the need for services is real. Employment cannot be based on some ‘hypothetical or speculative benefit.’ 2. Special counsel must provide a benefit to the estate, not merely a personal benefit to the debtor. The benefit is gauged by needs of estate and whether it is directly related to the debtor in possession’s performance of duties under the bankruptcy code. 3. Issues regarding debtor’s constitutional right to counsel are of concern to the criminal forum and not the bankruptcy court.”
    1 later decision 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.