Prudential Insurance v. Monnier’s Empirical Analysis
755 F.2d 1336 · 1985
Citation profile
23 federal appellate · 6 district ·
How this case has been cited
Cited by 194 later decisions — most recently May 2024 · most notably Kane v. Johns-Manville Corp. (1988), Bryson Properties Xviii Travelers Insurance Company v. Bryson Properties Xviii (1992)
23 federal appellate · 6 district ·
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. § 1125 · 11 U.S.C. § 1129 · 11 U.S.C. § 361 · 11 U.S.C. § 362 · 11 U.S.C. § 506
Relies on Crocker National Bank v. American Mariner Industries, Inc. · Metropolitan Life Ins. v. Murel Holding Corp. · Southern States Motor Inns, Inc. v. United States · United States v. Southern States Motor Inns, 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 194 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The appropriate discount rate must be determined on the basis of the rate of interest which is reasonable in light of the risks involved. Thus, in determining the discount rate, the court must consider the prevailing market rate for a loan of a term equal to the payout period, with due consideration for the quality of the security and the risk of subsequent default.”
23 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: (A) With respect to a class of secured claims, the plan provides— (i)(I) that the holders of such claims retain the liens securing such claims, whether the property subject to such liens is retained by the debtor or transferred to another entity, to the extent of the allowed amount of such claims; and (II) that each holder of a claim of such class receive on account of such claim deferred cash payments totaling at least the allowed amount of such claim, of a value, as of the effective date of the plan, of at least the value of such holder’s interest in the estate’s interest in such property;”
13 later decisions quote this exact passage · from the concurrence““In determining whether [a plan] is feasible, the bankruptcy court has an obligation to scrutinize the plan carefully to determine whether it offers a reasonable prospect of success and is workable.””
7 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.