In Re Miller’s Empirical Analysis
1981
Citation profile
6
cited by 6 later decisions
April 1987
most recently cited
1 district ·
Relationships
Applies 11 U.S.C. § 522 · 11 U.S.C. § 524
Relies on Winters National Bank & Trust Co. v. Coots (In Re Coots)
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In a case concerning an individual, when the court has determined whether to grant or not to grant a discharge under section 727, 1141, or 1328 of this title, the court shall hold a hearing at which the debtor shall appear in person. At such hearing, the court shall inform the debtor that a discharge has been granted or the reason why a discharge has not been granted. If a discharge has been granted and if the debtor desires to make an agreement of the kind specified in subsection (c) of this section, then at such hearing the court shall— (1) inform the debtor— (A) that such an agreement is not required under this title, under nonbankruptcy law, or under any agreement not made in accordance with the provisions of subsection (c) of this section; and (B) of the legal effect and consequences of— (i) an agreement of the kind specified in subsection (c) of this section; and (ii) a default under such an agreement; (2) determine whether the agreement that the debtor desires to make complies with the requirements of subsection (c)(4) of this subsection, if the consideration for such agreement is based in whole or in part on a consumer debt that is not secured by real property of the debtor.”
1 later decision quote this exact passage““... we conclude that it is from the last event which confers ‘preliminary’ enforceability — here, the discharge colloquy— that the thirty day period begins to run. Whether or not court approval is necessary for ‘preliminary’ enforceability, we fail to see how the provisions of Section 524(c)(3) can be overlooked. The debtors have reconsidered the agreement - and have sought to rescind it within the thirty days beginning with the date of the discharge colloquy.””
1 later decision quote this exact passagee.g. Matter of Clements
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.