In Re Arker’s Empirical Analysis
1980
Citation profile
1 federal appellate · 1 district ·
How this case has been cited
Cited by 32 later decisions — most recently March 2013 · most notably Paradise Hotel Corporation v. Bank of Nova Scotia (1988), Bankers Trust Co. BT Service Co. v. Nordbrock (1985)
1 federal appellate · 1 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. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 303
Relies on Heiser v. Woodruff · Pirie v. Chicago Title & Trust Co. · In Re All Media Properties, Inc. · Matter of 7H Land & Cattle Co. · Hernandez v. Government of Virgin Islands
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Resort to the legislative history for insight as to the meaning of subdivision (1) of § 303(h) is unproductive due to the absence of a conference committee resolution of the differences between the House version (“generally unable to pay”) and the Senate version (“generally unable to pay or has failed to pay a major portion thereof”) of the legislation which emerged as the Bankruptcy Code. In re Arker, 6 B.R. 632, 635 (Bankr.E.D. N.Y.1980).”
1 later decision quote this exact passagee.g. Paroline v. Doling““It is manifest that the alleged debtor has no free assets to be liquidated which is decisive to this Court’s conclusion that an order for relief should not be granted in the case at bar. This conclusion is predicated on the purpose of an involuntary proceeding which is to secure an equitable distribution of the assets of the alleged debtor among all his creditors.””
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.