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← 138 BR 505 - In Re Hicks

In Re Hicks’s Empirical Analysis

1992

Citation profile

7
cited by 7 later decisions
April 2019
most recently cited

Relationships

Applies 11 U.S.C. § 109

Relies on United States v. Ron Pair Enterprises, Inc. · Caminetti v. United States · United States v. Nordic Village, Inc. · United States v. Menasche · Landreth Timber Co. v. Landreth

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

  1. “[S]eetion 109(g) prevents certain tactics on the debtor’s part that could be deemed abusive ... The debtor who obtains dismissal of the case when faced with a motion for relief from the section 362 automatic stay may not immediately refile and thereby frustrate creditors' attempts at having their rights adjudicated within a reasonable period of time.”
    1 later decision quote this exact passage
  2. “Unlike 'and,' Congress defined 'or' as 'not exclusive' under § 102 of the Bankruptcy Code. Since 'and' is not defined under the Bankruptcy Code, inverse reasoning would suggest that 'and' is inclusive in scope and does not include 'or' in its exclusive sense.”
    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.