Delta Towers Ltd New Orleans Public Service Inc v. First Federal Savings and Loan Association of Warner Robins Georgia’s Empirical Analysis
1991
Citation profile
17 federal appellate · 2 district ·
How this case has been cited
Cited by 73 later decisions — most recently March 2018 · most notably Publicker Industries Inc. v. United States (1992), Briscoe Enterprises Ltd II Heartland Federal Savings Loan Association v. Briscoe Enterprises Ltd II Regalridge Apartments (1993)
17 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
Relies on United Mine Workers of America v. Gibbs · United States v. United States Gypsum Co. · New York Dock Co v. The Poznan · Missionary Baptist Foundation v. Huffman · Dixon v. International Harvester Co.
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The trustee may recover from property securing an allowed secured claim the reasonable, necessary costs and expenses of preserving, or disposing of, such property to the extent of any benefit to the holder of such claim.”
5 later decisions quote this exact passage · from the majority“will not be set aside unless clearly erroneous.”
5 later decisions quote this exact passage · from the majority“Courts have construed the benefit element as requiring that the claimant incur the expenses primarily for the benefit of the secured creditor and that the expenses resulted in a quantifiable direct benefit to the secured creditor. In re Cascade Hydraulics & Utility Service, Inc., 815 F.2d 546, 548 (9th Cir.1987); Brookfield Production, 738 F.2d at 952 ; In re Beker Industries Corp., 89 B.R. 336, 342 (S.D.N.Y.1988). Indirect or speculative benefits are insufficient. In re Flagstaff Foodservice Corp., 762 F.2d 10, 12 (2d Cir.1985) (‘Flagstaff II”). At the same time, expenses which benefit the debtor or other creditors rather than the secured creditor himself are immaterial. Flagstaff I, 739 F.2d at 76 .”
3 later decisions 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.