Manufacturers Hanover Trust Co. v. Bartsh’s Empirical Analysis
874 F.2d 576 · 1989
Citation profile
6 federal appellate · 2 district ·
How this case has been cited
Cited by 32 later decisions — most recently May 2020 · most notably In Re United States Lines, Inc. (1989), SNTL Corp. v. Centre Insurance (2009)
6 federal appellate · 2 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. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 327 · 11 U.S.C. § 330 · 11 U.S.C. § 502 · 11 U.S.C. § 503 · 15 U.S.C. § 77A (§ 1 of the Securities Act of 1933) · 15 U.S.C. § 77O (§ 15 of the Securities Act of 1933) · 28 U.S.C. § 1291
Relies on Cohen v. Beneficial Industrial Loan Corp. · Catlin v. United States · Kelly v. Robinson · Reavis v. Antinore · Forgay v. Conrad
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) After notice and a hearing, there shall be allowed administrative expenses, other than claims allowed under section 502(f) of this title, including — .... (3) the actual, necessary expenses, other than compensation and reimbursement specified in subparagraph (B) of this subsection, incurred by — - (D) a creditor ... in making a substantial contribution in a case under chapter 9 or 11 of this title ... (4) reasonable compensation for professional services rendered by an attorney ... of an entity whose expense is allowable under paragraph (3) of this subsection, based on the time, the nature, the extent, and the value of such services, and the cost of comparable services other than in a case under this title, and reimbursement for actual, necessary expenses other than in a case under this title....”
2 later decisions quote this exact passage · from the majority“[U]nlike the trustee, the debtor-in-possession and the official creditors’ committee, which are entities with fiduciary obligations to the bankruptcy estate, an indenture trustee owes its fiduciary duty to the debenture holders, not the bankruptcy estate. The indenture, trustee acts in the best interest of its debenture holders. In order to satisfy its fiduciary duty to its debenture holders, the indenture trustee may take actions that are of only marginal or incidental benefit to the bankruptcy estate. The bankruptcy estate should not have to pay for services which primarily benefit the debenture holders and only incidentally benefit the bankruptcy estate.”
1 later decision quote this exact passage · from the majority“right to an equitable remedy for breach of performance if such -8- breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.”
1 later decision 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.