Friedman v. Sofro (In Re Sofro)’s Empirical Analysis
1990
Citation profile
How this case has been cited
Cited by 26 later decisions — most recently July 2017 · most notably Bensenville Community Center Union v. Bailey (In Re Bailey) (1992), Morton v. Dreyer (In Re Dreyer) (1991)
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. § 727 · 28 U.S.C. § 157
Relies on Crews v. Topping (In Re Topping) · Van Roy v. Watkins (In Re Watkins) · WTHW Investment Builders v. Dias (In Re Dias) · Ashton v. Burke (In Re Burke) · Friedman v. Alfonso (In Re Alfonso)
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Furthermore, the Court finds that the debtors made false oaths and accounts in their petition in violation of 11 U.S.C. § 727 (a)(4)(A). A debtor has a paramount duty to consider all -questions posed on a statement or schedule carefully and see that the question is answered completely in all respects. In re Burke, 83 B.R. 716 (Bankr.D.N.D.1988); In re Dias, 95 B.R. 419 (Bankr.N.D.Tex.1988). In order to deny a discharge under § 727(a)(4)(A), the trustee or creditor must prove that the debtor “knowingly and fraudulently, in or in connection with the case ... made a false oath or account.” The purpose of § 727(a)(4)(A) is to insure that adequate information is available to those interested in the administration of the bankruptcy estate without the need or examinations or investigations to determine whether the information is true. In re Watkins, 84 B.R. 246 (Bankr.S.D.Fla.1988). The debtors signed their petition and schedules under oath and the penalty of perjury that they had read the answers as required and that the same were true and correct to the best of their knowledge, information, and belief. However, the debtors intentionally failed to list numerous assets and transactions which they were intimately familiar with in their petition ....”
1 later decision quote this exact passage“the debtors assert that Lori Sofro should not be denied her discharge as she is a housewife and unfamiliar with business affairs. The debtors rely on this Court’s previous ruling in the case of NCNB National Bank of Florida v. Eli Sofro and Lori Sofro [In re Rental Journal], 111 B.R. 1012 (Bankr.S.D.Fla.1989). In that case, this Court held that Lori Sofro could not be held liable under an agreement executed by her in which she guaranteed the debts of a corporation owned by her debtor husband. This Court reasoned that Lori Sofro had not negotiated the loan with the creditor and was unfamiliar with the business affairs of her husband’s corporation. However, in the instant case, Lori Sofro gave false information [on her bankruptcy schedules] regarding accounts owned by her and her husband, about income received by both, and about loan repayments made to her father. Her participation in the filing of the petition, and her execution under oath, hold her accountable for her misrepresentations on the schedules and statement of financial condition.”
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.