In Re Bildisco’s Empirical Analysis

Citation profile

11 federal appellate · 4 district · 1 state decisions

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

1. ““[T]he debtor in possession must first demonstrate that the continuation of the collective bargaining agreement would be burdensome to the estate; that once this threshold determination has been made the debtor in possession must make a factual presentation sufficient to permit the bankruptcy court to weigh the competing equities; that the polestar is to do equity between claims which arise under the labor contract and other claims against the debtor; that, in this, the court must consider the rights of covered employees as supported by the national labor policy as well as the possible ‘sacrifices which other creditors are making’ in the effort to bring about a successful reorganization, [Group of Institutional Investors v. Chicago, Milwaukee St. Paul & Pacific R.R. Co., 318 U.S. 523, 549-51 , 63 S.Ct. 727, 742-43 , 87 L.Ed. 959 (1943) ]; and that the court must make a reasoned determination that rejection of the labor contract will assist the debtor in possession or the trustee to achieve a satisfactory reorganization.””

   5 later decisions quote this exact passage · from the majority
   e.g. In Re Commercial Motor Freight, Inc. of Indiana · In Re Hoyt

2. “We accept this formulation of the appropriate relationship between the competing statutory policies. It accommodates the statutory policies of the Labor Act by demanding a great evidentiary showing than for rejection of a typical executory contract, but it does not erect impossible barriers to rejection of labor contracts in violation of the policies underlying Chapter 11. It plots a middle course between the possible extremes, requiring a sensitive weighing of the competing private and public interests in the context of the particular case.”

   3 later decisions quote this exact passage · from the majority
   e.g. In Re Southern Electronics Co., Inc. · In Re J.R. Elkins, Inc.

3. “(a) Subject to any limitations on a trustee under this chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights, other than the right to compensation under section 330 of this title, and powers, and shall perform all the functions and duties, except the duties specified in sections 1106(a)(2), (3), and (4) of this title, of a trustee serving in a case under this chapter.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Silver · In Re Yellow Limousine Service, Inc.