Concrete Pumping Service, Inc. v. King Construction Co.’s Empirical Analysis

Citation profile

5 federal appellate · 2 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “after trial, the court shall order relief against the debtor ... only if— (1) the debtor is generally not paying such debtor’s debts as such debts become due unless such debts are the subject of a bona fide dispute....”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Vortex Fishing Systems, Inc. · In Re Taylor & Associates, L.P.

2. “Normally, the question of whether the debtor is generally not paying its debts as they become due is a question of fact.... In making this factual determination, courts look to “the totality of the circumstances existing when the petition is filed.” The bankruptcy court considers the proportion of the debt being paid — both in terms of the proportion of creditors being paid and the proportion of debt, in dollar value, being paid.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Taylor & Associates, L.P.

3. “[ 11 U.S.C. § 303 (b)(2) ] clearly contemplates the possibility of a single creditor initiating proceedings. Thus, we question whether the per se rule that seems to have been adopted by the bankruptcy courts is rooted in the statutory text.”

   1 later decision quote this exact passage · from the majority
   e.g. Crown Heights Jewish Community Council, Inc. v. Fischer (In Re Fischer)