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← 10 B.R. 737 - In Re Sutton

In Re Sutton’s Empirical Analysis

1981

Citation profile

27
cited by 27 later decisions
May 2017
most recently cited

1 federal appellate · 2 district ·

How this case has been cited

Cited by 27 later decisions — most recently May 2017 · most notably Killebrew v. Brewer (1989), Woods v. Kenan (1999)

1 federal appellate · 2 district ·

1101981199020002010decided

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. § 522 · 11 U.S.C. § 541 · 11 U.S.C. § 554

Relies on Vasilion v. Vasilion · Dushane v. Beall · Greenblatt v. Ford · Spalding v. Dickinson · In Re Polumbo

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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[A] bankruptcy court exercises equitable powers and ... should emphasize substance and not technical considerations that will prevent substantial justice.... [C]ounsel neglect or mistake ... may be a factor in the finding of 'other cause' " under § 350(b) (citations and internal quotes omitted)). The issue of the propriety of Rule 60(b) relief, however, requires a more searching analysis. Rule 60(b) provides in relevant part: 27 On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence ...; (3) fraud ..., misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. 28 Although the bankruptcy court did not specify by number which subsections of Rule 60(b) grounded its decision, it apparently relied on subsections (1) (based on "mistake, inadvertence, or excusable neglect,”
    1 later decision quote this exact passage
  2. “[o]n motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding....”
    1 later decision quote this exact passage

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.