In re Bartle’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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

1. “C-TC argues that due process mandates the holding of an evidentiary hear ing before bad faith can be determined. But the “notice and hearing” required before a debtor’s case may be dismissed is further defined by the statute as “mean[ing] after such notice as is appropriate under the particular circumstances, and such opportunity for a hearing as is appropriate under the particular circumstances.” 11 U.S.C. § 102 (1)(A). These rather nebulous standards must lead to problematic interpretations. However, the ease law has been helpful in clarifying the standards. When the record is sufficiently well developed to allow the bankruptcy court to draw the necessary inferences to dismiss a Chapter 11 case for cause, the bankruptcy court may do so.”

   1 later decision quote this exact passage · from the majority
   e.g. Clear Blue Water, LLC v. Oyster Bay Management Co.

2. “We cannot say that [the Debtor's] substantial rights were affected by an erroneous deprivation of an opportunity to be heard ... when he has not set forth what he would have brought to the court's attention. ...”

   1 later decision quote this exact passage · from the majority
   e.g. In re Tribune Media Co.

3. “[d]ismissal is appropriate if it is unreasonable to expect that a reorganization plan can be confirmed”

   1 later decision quote this exact passage · from the majority
   e.g. In re Aurora Memory Care, LLC