In Re Smith’s Empirical Analysis

Citation profile

1 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “our preference for dismissal of a case instead of conversion to Chapter 7. When a Chapter 11 case is dismissed, the debtor has the option of whether to refile under Chapter 7 or not. We believe that it may be unfair to convert a voluntary Chapter 11 case into, effectively, an involuntary Chapter 7 case unless specific actions on the part of the Debtor warrant it. Cf. In re Geller, 74 B.R. 685, 689 (Bankr.E.D.Pa.1987) (in deciding whether to allow the debtor’s attempt to voluntarily dismiss the case the court looked with certain disfavor upon the consideration that failure to allow dismissal effectively transforms a voluntary case into an involuntary one). A creditor moving to convert can always follow a dismissal with the filing of an involuntary petition if such a proceeding is deemed appropriate.”

   1 later decision quote this exact passage
   e.g. In Re Mazzocone

2. “The court can act in the best interest of creditors through conversion or dismissal only for”

   1 later decision quote this exact passage
   e.g. In Re Mechanical Maintenance, Inc.