Trident Associates Limited Partnership Trident Associates Limited Partnership v. Metropolitan Life Insurance Company’s Empirical Analysis
52 F.3d 127 · 1995
Citation profile
10 federal appellate · 6 district ·
How this case has been cited
Cited by 87 later decisions — most recently October 2016 · most notably In Re: Sgl Carbon Corporation Official Committee of Unsecureds (1999), First Bank of Marietta v. Hartford Underwriters Insurance (2002)
10 federal appellate · 6 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
Applies 11 U.S.C. § 109 · 11 U.S.C. § 1112 · 11 U.S.C. § 362 · 11 U.S.C. § 522
Relies on Taylor v. Freeland & Kronz · Toibb v. Radloff · Hardin v. Caldwell · Laguna Associates Limited Partnership Laguna Associates Limited Partnership v. Aetna Casualty & Surety Company
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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the debtor has one asset; (2) the pre-petition conduct of the debt- or has been improper; (3) there are only a few unsecured creditors; (4) the debtor’s property has been posted for foreclosure, and the debtor has been unsuccessful in defending against the foreclosure in state court; (5) the debtor and one creditor have proceeded to a standstill in state court litigation, and the debtor has lost or has been required to post a bond which it cannot afford; (6) the filing of the petition effectively allows the debtor to evade court orders; (7) the debtor has no ongoing business or employees; and (8) the lack of possibility of reorganization.”
7 later decisions quote this exact passage · from the majority“(A) substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation; (C) failure to maintain appropriate insurance that poses a risk to the estate or to the public; (E) failure to comply with an order of the court; (K) failure to pay any fees or charges required under chapter 123 of title 28; (M) inability to effectuate substantial consummation of a confirmed plan;”
1 later decision quote this exact passage · from the majoritye.g. In Re Lee“not a finding at all, but only a bare legal conclusion. " See Dissent Op. at 505 (emphasis in original). We respectfully disagree. We have ruled in a similar context on the bad faith filing of a bankruptcy petition that "the finding of bad faith is a fact based determination that is reviewed for clear error.”
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.