Lichtenstein v. Barbanel’s Empirical Analysis

Citation profile

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

1. “A pre-petition stipulation in a state-court action waiving a debtor’s right to obtain a discharge of a specific debt in a future bankruptcy case is void because it offends the public policy of promoting a fresh start for individual debtors. Because it is executed before bankruptcy proceedings begin and is not approved by a bankruptcy court, such pre-petition waivers of discharge do not satisfy the statutory requirements for a waiver of discharge under § 727(a)(10).”

   1 later decision quote this exact passage · from the majority
   e.g. Simmons Capital Advisors, Ltd. v. Bachinski (In Re Bachinski)

2. “An agreement between a holder of a claim and the debtor ... is enforceable only to any extent enforceable under applicable nonbankruptcy law, whether or not discharge of such debt is waived, only if—”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Herrera

3. “(a) The court shall grant the debtor a discharge, unless— (10) The court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter[.]”

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