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← 104 Ohio App. 84 - First Discount Corp. v. Applegate

104 Ohio App. 84 - First Discount Corp. v. Applegate’s Empirical Analysis

1957

Citation profile

4
cited by 4 later decisions
2
states following
July 2000
most recently cited

4 state decisions

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

  1. ““We are not advised by the record that the trial judge had any different view on this subject. He gave effect to the discharge regardless of the failure of die defendant to duly schedule the plaintiff s debt, because of his conclusion that this would constitute a collateral attack upon die action of the Bankruptcy Court in granting die discharge. His conclusion failed to take account of die limited issue raised by an application for a discharge in bankruptcy. The only issue is whether die applicant is a bankrupt. If he is found to occupy that status, the court so declares and grants him a discharge. Thereafter, he occupies that status. The effect is not determined. As is said in 6 American Jurisprudence, 981 et seq., Section 744: ‘The right to a discharge is determined in the bankruptcy court; die effect of die discharge when obtained is ordinarily determined whenever and wherever die enforcement of a debt is attempted against the bankrupt.’ ” 104 Ohio App. at 86-87 .”
    1 later decision quote this exact passage
  2. ““have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy.””
    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.