Public Service Company of New Hampshire Public Service Company of New Hampshire v. New Hampshire Electric Cooperative Inc’s Empirical Analysis
884 F.2d 11 · 1989
Citation profile
7 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 65 later decisions — most recently July 2022 · most notably Woburn Associates v. Kahn (1992), Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.) (1992)
7 federal appellate · 4 district · 1 state decisions
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. § 365 · 11 U.S.C. § 502 · 11 U.S.C. § 553
Relies on Butner v. United States · United States ex rel. Internal Revenue Service v. Norton · Cochise College Park Inc Hall v. Perry B-72-393 Phx Wpc · Irons v. Federal Bureau of Investigation · Boston & Maine Corp. v. Chicago Pacific Corp.
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As Congress recognized, setoffs work against both the goal of orderly reorganization and the fairness principle because they preserve serendipitous advantages accruing to creditors who happen to hold mutual obligations, thus disfavoring other equally-deserving creditors and interrupting the debtor's cash flow. Conse quently, the circle of creditors entitled to exercise setoff rights in bankruptcy is tightly circumscribed.”
3 later decisions quote this exact passage · from the majority“If and when assumed, the contract operates according to its tenor.”
3 later decisions quote this exact passage · from the majority“continues in effect— and [the non-debtor party] has no provable claim thereunder against the bankrupt estate.” 29 . Westbrook's characterization of the three categories of error generated by the Countryman test is as follows: Unfortunately, ... the test leads many courts to infer that executoriness must be found in a contract or it cannot be rejected.... The absurdity of that idea has been less damaging, however, than the next step taken by a number of courts, positing that obligations owed to the Other Party can be rejected right out of existence. The final, and most serious, complex of errors in this line are the cases that suggest that rejection can void property interests created pre-petition by state law, even though they are not avoidable under the statutory avoiding powers. Westbrook, supra, 74 Minn.L.Rev. at 239 (footnotes omitted). 30 . Andrew agrees that "executoriness”
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.