Albany Partners Ltd Albany Partners Ltd v. Wp Westbrook Albany Partners Ltd Wp Westbrook Ww C’s Empirical Analysis
749 F.2d 670 · 1984
Citation profile
43 federal appellate · 17 district · 21 state decisions
How this case has been cited
Cited by 495 later decisions — most recently July 2025 · most notably Little Creek Development Co. v. Commonwealth Mortgage Corp. (1986), Maritime Electric Co. v. United Jersey Bank (1991)
43 federal appellate · 17 district · 21 state decisions — followed in 13 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
Applies 11 U.S.C. § 1129 · 11 U.S.C. § 362
Relies on Kalb v. Feuerstein · Kalb v. Feuerstein · Borg-Warner Acceptance Corporation v. Hall · In Re Victory Const. Co., Inc.
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 495 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Tjhere is no particular test for determining whether a debtor has filed a petition in bad faith. Instead, the courts may consider any factors which evidence “an intent to abuse the judicial process and the purposes of the reorganization provisions” or, in particular, factors which evidence that the petition was filed “to delay or frustrate the legitimate efforts of secured creditors to enforce their rights.””
54 later decisions quote this exact passage · from the majority“(b) Except as provided in subsection (c) of this section, on request of a party in interest or the United States trustee ... and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 7 of this title or may dismiss a case under this chapter, whichever is in the best interest of creditors and the estate, for cause ...”
18 later decisions quote this exact passage · from the majority“expressly grants bankruptcy courts the option, in fashioning appropriate relief, of “annulling” the automatic stay, in addition to merely “terminating” it. The word “annulling” in this provision evidently contemplates the power of bankruptcy courts to grant relief from the stay which has retroactive effect; otherwise its inclusion, next to “terminating,” would be superfluous.”
9 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.