Lazar’s Empirical Analysis

Citation profile

1 federal appellate · 3 district ·

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

1. “(1) that the claimant engaged in some type of inequitable conduct, (2) that the misconduct injured creditors or conferred unfair advantage on the claimant, and (3) that subordination would not be inconsistent with the Bankruptcy Code.”

   2 later decisions quote this exact passage · from the majority
   e.g. Process Am., Inc. v. Cynergy Holdings, LLC (In re Process Am., Inc.) · First Alliance Mortgage Company v. C

2. “Under the Bankruptcy Code, administrative expense creditors must be treated equally and the court should not set up its own order of priorities. See In re Cochise College Park, Inc., 703 F.2d 1339 , 1356 n. 22 (9th Cir.1983); In re Barron, 73 B.R. 812, 813-14 (Bankr.S.D.Cal.1987); In re Nana Daly’s Pub., Ltd., 67 B.R. 782, 787 (Bankr.E.D.N.Y.1986); see also, 3 Collier on Bankruptcy ¶ 507.02[2], at 507-12 (15th ed.1992). Although a bankruptcy court has the authority to subordinate a claim on equitable grounds, see, Pepper v. Litton, 308 U.S. 295, 304-05 , 60 S.Ct. 238, 244-45 , 84 L.Ed. 281 (1939); Matter of Fabricators, Inc., 926 F.2d 1458, 1464 (5th Cir.1991); In re Westgate-Califomia Corp., 642 F.2d 1174, 1177 (9th Cir.1981), equitable subordination is an unusual remedy which should be applied only in limited circumstances. Matter of Fabricators, Inc., 926 F.2d at 1464 ; In re Octagon Roofing, 157 B.R. 852, 857 (N.D.Ill.1993).”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Vale