In re Maharaj’s Empirical Analysis
681 F.3d 558 · 2012
Citation profile
6 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 109 · 11 U.S.C. § 1101 · 11 U.S.C. § 1115 (§ 321 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1121 · 11 U.S.C. § 1123 · 11 U.S.C. § 1129 · 11 U.S.C. § 1306
Relies on Robinson v. Shell Oil Co. · Local Loan Co. v. Hunt · Tennessee Valley Authority v. Hill · Dewsnup v. Timm · Norwest Bank Worthington v. Ahlers
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) In a case in which the debtor is an individual, property of the estate includes, in addition to the property specified in section 541— (1) all property of the kind specified in section 541 that the debtor acquires after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7, 12, or 13, whichever occurs first; and (2) earnings from services performed by the debtor after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7,12, or 13, whichever occurs first. (b) Except as provided in section 1104 or a confirmed plan or order confirming a plan, the debtor shall remain in possession of all property of the estate.”
7 later decisions quote this exact passage · from the majority“(2) For the purpose of this subsection, the condition that a plan be fair and equitable with respect to a class includes the following requirements: (B) With respect to a class of unsecured claims— (i) the plan provides that each holder of a claim of such class receive or retain on account of such claim property of a value, as of the effective date of the plan, equal to the allowed amount of such claim; or (ii) the holder of any claim or interest that is junior to the claims of such class will not receive or retain under the plan on account of such junior claim or interest any property, except that in a case in which the debtor is an individual, the debtor may retain property included in the estate under section 1115, subject to the requirements of subsection (a)(14) of this section.”
5 later decisions quote this exact passage · from the majority“Moreover, we remain unconvinced that the doom and gloom scenario presented by Debtors is an accurate picture of the state of bankruptcy law. Debtors assume that, if the absolute priority rule is left intact, consensual confirmation is virtually impossible. To the contrary, plan acceptance is still very much a possibility, even within the confines of the absolute priority rule. Debtors “may negotiate a consensual plan, pay higher dividends, pay dissenting classes in full, or comply with the [absolute priority rule] by contributing prepetition property.” Friedman, 466 B.R. at 491 (Jury, J., dissenting) (citing Kamell, 451 B.R. at 512; Gbadebo, 431 B.R. at 229-30).”
1 later decision quote this exact passage · from the dissente.g. In re O'Neal
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.