Holstein v. Brill’s Empirical Analysis
987 F.2d 1268 · 1993
Citation profile
8 federal appellate · 2 district ·
How this case has been cited
Cited by 52 later decisions — most recently May 2024 · most notably Gens v. Resolution Trust Corp. (1997), In the Matter of Evelyn G. Escobedo, Debtor-Appellant (1994)
8 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. § 1127 · 11 U.S.C. § 1141 · 11 U.S.C. § 501
Relies on Foman v. Davis · Kham & Nate's Shoes No. 2, Inc. v. First Bank of Whiting · Redfield v. Continental Casualty Corp. · Boston & Maine Corp. v. Chicago Pacific Corp. · In the Matter of Mary Leasure Unroe, Debtor
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Confirmation of the plan of reorganization is ... equivalent to final judgment in ordinary civil litigation.... Confirmation automatically discharges all debts other than those provided in the plan, 11 U.S.C. § 1141 (d)(1)(A), and “each claimant gets a ‘new’ claim, based upon whatever treatment is accorded to it in the plan itself.” And whether or not late-breaking claims affect third parties’ entitlements, they assuredly disrupt the orderly process of adjudication. To every thing there is a season, and the season for stating the amount of the debt is before the confirmation.”
2 later decisions quote this exact passage · from the majority““[a] creditor’s treatment under a confirmed plan of reorganization creates a contractual relationship between the debtor and the creditor. The creditor’s pre-confirmation claim is subsumed in and replaced by the new contract created by the confirmed plan; ‘each claimant gets a ‘new1 claim based upon whatever treatment is accorded to it in the plan itself.””
2 later decisions quote this exact passage · from the majority“We asked the parties whether any other court ever had allowed a claim to be increased, for any reasons, after confirmation of a plan of reorganization. Neither side could find such a decision under the 1978 Code, or for that matter under the 1898 Act during its final 50 years. Our search was equally fruitless.”
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.