In re Resource Technology Corp.’s Empirical Analysis
662 F.3d 472 · 2011
Citation profile
1 federal appellate ·
Relationships
Applies 11 U.S.C. § 348 · 11 U.S.C. § 503
Relies on Midlantic National Bank v. New Jersey Department of Environmental Protection · Reading Company v. Brown · Trustees of Amalgamated Insurance Fund v. McFarlin's, Inc. · Woburn Associates v. Kahn · Robinson v. Michigan Consolidated Gas Co.
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A tort victim ... is a creditor, but not a creditor whose actions benefit his debt- or, the tortfeasor. Yet in Reading v. Brown, 391 U.S. 471 , 88 S.Ct. 1759 , 20 L.Ed.2d 751 (1968), the Supreme Court held that at least in a Chapter 11 bankruptcy, tort claims arising from the continued operation of the bankrupt business should be treated as administrative claims, like other post-petition expenses .... Tort liability is an expense of doing business, like labor or material costs, and should be treated the same way. Businesses operating in bankruptcy that were excused from tort liability would have an inefficient competitive advantage over their solvent competitors— and deficient incentives to use due care in the operation of the business.”
2 later decisions 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.