In Re Vause’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “Although In re Steiner [ ] relates to a lease providing for annual rental payments, the property leased was personalty which this Court believes is not within the scope of the explicit limitation in § 502(b)(6).”). First, Allied Tech, does not stand for such a proposition; at most, it alludes to such a proposition, and even that is far from clear. Nor does any other case support such a proposition, quite probably because it defies the plain language of the statute, which says”

   1 later decision quote this exact passage
   e.g. Giant Eagle, Inc. v. Phar-Mor, Inc.

2. “Lessee does hereby covenant and agree with Lessor that: (1) He will pay to Lessor, its successors or assigns at the address stated above, rent in the amount of $201,000 payable in installments as follows: $21,000 due December 1, 1982 $36,000 due December 1, 1983 $36,000 due December 1, 1984 $36,000 due December 1, 1985 $36,000 due December 1, 1986 $36,000 due■ December 1, 1987”

   1 later decision quote this exact passage
   e.g. In re Vause

3. “Although Sec. 502(b)(6) either intentionally or inadvertently fails to address the apparent inequities resulting from the provisions of a lease rental covenant which is payable in arrears, ... without legislative history or appropriate case law, the [Bankruptcy] Court will not find that such omission was unintentional.”

   1 later decision quote this exact passage
   e.g. Vause v. Capital Poly Bag, Inc.