Kloian v. Kelley’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. “Under the general rule, the abandonment of an asset of a bankruptcy estate pursuant to 11 U.S.C. § 554 is irrevocable. Courts reason that once abandoned, property passes out of the estate. The trustee (or, here, the bankruptcy court) may not reassert control over the property in light of subsequent events— for example, if it later becomes clear that a piece of property has greater value than was previously believed. However, there is an exception to the general rule. When an asset is not disclosed in the schedule of assets, the abandonment is revocable.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Haber