UNION CARBIDE CORPORATION, Plaintiff-Appellee, v. F. Allen NEWBOLES and Mary v. Newboles, Defendants-Appellants’s Empirical Analysis
686 F.2d 593 · 1982
Citation profile
14 federal appellate · 6 district · 11 state decisions
How this case has been cited
Cited by 95 later decisions — most recently June 2020 · most notably Republic Supply Co. v. Shoaf (1987), Ah Robins Company Incorporated Menard-Sanford
14 federal appellate · 6 district · 11 state decisions — followed in 10 states
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
Relies on Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · R.I.D.C. Industrial Development Fund v. Snyder · Post v. Losey · In re Kornbluth
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] bankruptcy discharge arises by operation of federal bankruptcy law, not by contractual consent of the creditors and ... a creditor’s approval of the plan cannot be deemed an act of assent having significance beyond the confines of the bankruptcy proceedings ... While the Bankruptcy Code expressly alters the contractual obligations of the bankrupt, it does not contemplate the same effect on the obligations and liabilities of third parties.”
7 later decisions quote this exact passage · from the majority“Generally, discharge of the principal debtor in bankruptcy will not discharge the liabilities of co-debtors or guarantors. 11 U.S.C. § 524 (e) provides: “Except as provided in subsection (a)(3) of this section, discharge of a debt of the debtor does not affect the liability of any other entity on, or the property of any other entity for, such debt.” This section of the 1978 Bankruptcy Reform Act was a reenactment of Section 16 of the 1898 Act ... [[Image here]] When a bankruptcy court discharges the debtor, it does so by operation of the bankruptcy laws, not by consent of the creditors.... [T]he bankruptcy court has no power to discharge the liabilities of a nondebtor pursuant to the consent of creditors as part of a reorganization plan. The broad language of § 524(e), limiting the scope of a discharge so that it “does not affect the liability of any other entity,” encompasses this result.”
3 later decisions quote this exact passage · from the majority““Acceptance and confirmation of this Arrangement shall constitute a full settlement, satisfaction and discharge of all claims, demands, actions, causes of action or otherwise against not only the Debtor, but also against any other persons or entities who have entered into guaranty or indemnity agreements with unsecured creditors or who have endorsed commercial paper for the benefit of the Debtor. It is the intent of this Arrangement that upon its acceptance and confirmation, any creditors asserting claims arising out of agreements against persons or entities other than the Debtor by reason of indebtedness of the Debtor, shall be required to look solely to the Debtor for payment of such indebtedness under the terms of this Arrangement.” Id. at 594 .”
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.