In Re Exchange Network Corp.’s Empirical Analysis
1988
Citation profile
1 district ·
Relationships
Applies 11 U.S.C. § 303 · 28 U.S.C. § 1927
Relies on In Re All Media Properties, Inc. · United States v. Tibbetts · Men Co v. Control Fluidics Inc O · Smith v. United States · Bankers Trust Co. BT Service Co. v. Nordbrock
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The statutory language is clear that costs and attorney’s fees may be awarded to a proposed debtor, by the Court, if the petition is dismissed and circumstances warrant. It is discretionary with the Court. It is equally clear that actual and punitive damages, if any, may be awarded to a proposed debtor, but only upon a finding of bad faith. An award of actual damages thus is not discretionary with the Court. An award of costs, attorney’s fees or damages, in any event, is not automatic. In re Advance Press & Litho, Inc., 46 B.R. 700, 701 (Bankr.[D.]Colo.1984); See, In re Walden, 781 F.2d 1121 (5th Cir.1986); In re Nordbrock, 772 F.2d 397 (8th Cir.1985). In re Exchange Network Corp., 85 B.R. 128, 131 (Bankr.D.Colo.1988).”
1 later decision quote this exact passage“(A) costs; or (B) a reasonable attorney’s fee....”
1 later decision quote this exact passage
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.