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← 122 F.3d 1237 - in Re Beatrice Rebecca Lawson

in Re Beatrice Rebecca Lawson’s Empirical Analysis

1997

Citation profile

62
cited by 62 later decisions
July 2022
most recently cited

1 federal appellate · 4 district ·

How this case has been cited

Cited by 62 later decisions — most recently July 2022 · most notably In Re: Milton Keeney, Debtor. Milton W. Keeney v. Mary Jean Smith (2000), Retz v. Samson (2010)

1 federal appellate · 4 district ·

2801997200020102020decided

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

Relies on First Beverly Bank v. Adeeb · Allard v. Hilton · Rosen v. Bezner · Thibodeaux v. Olivier · Friedell v. Kauffman

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

  1. “(2) ... the debtor, with intent to hinder, delay or defraud a creditor ... has transferred (A) property of the debtor, within one year before the date of the filing of the petition;”
    11 later decisions quote this exact passage · from the majority
  2. “(1) a disposition of property, such as transfer or concealment, and (2) a subjective intent on the debtor's part to hinder, delay or defraud a creditor through the act [of] disposing of the property.”
    6 later decisions quote this exact passage · from the majority
  3. “In Olivier, debtor spouses—when faced with liability in a serious personal injury lawsuit—transferred title in their home to the wife’s mother and properly recorded the transfer seven years prior to filing their petition. Id. at 551. Debtors continued to live in and maintain the property up to filing their petition. The bankruptcy court found that the debtors retained a secret beneficial interest in the legally-transferred property and therefore that they continued to conceal the property interest from creditors within the year prior to the filing of the petition. Id. at 553. The bankruptcy court reasoned that, where evidence demonstrates that the debtor retained a secret interest that could be realized by her creditors, despite an ostensible transfer of property, such a sham transaction suffices to deny her a discharge. Id. at 555. The logic and rationale behind the “continuing concealment” doctrine as explained in Olivier is compelling; we therefore adopt the doctrine as the law of the Ninth Circuit. See also Rosen, 996 F.2d 1527 (3d Cir. 1993) (adopting doctrine of continuing concealment); In re Kauffman, 675 F.2d 127 (7th Cir. 1981) (same).”
    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.