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← 187 F.3d 926 - In Re: Michael S. Rose

In Re: Michael S. Rose’s Empirical Analysis

1999

Citation profile

34
cited by 34 later decisions
June 2017
most recently cited

5 federal appellate · 3 district ·

How this case has been cited

Cited by 34 later decisions — most recently June 2017 · most notably Arecibo Community Health Care, Inc. v. Puerto Rico (2001), In Re: Gary Lazar (2001)

5 federal appellate · 3 district ·

290199920002010decided

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 Ex Parte: Edward T Young · Seminole Tribe of Florida v. Florida · John Aldens v. Maine · College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board · Gardner v. State of New Jersey

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

  1. “[The Missouri state agency's] submission of proofs of claims in [the debtor's] bankruptcy case waived its immunity in related proceedings required to adjudicate the dischargeability of those claims.”
    3 later decisions quote this exact passage · from the majority
  2. “[t]he text of the bankruptcy code makes clear that these procedures are both part of a larger whole; the same section that exempts educational debt from a general discharge establishes the ground of undue hardship as the exception to the exemption.”
    2 later decisions quote this exact passage · from the majority
  3. “It is traditional bankruptcy law that he who invokes the aid of the bankruptcy court by offering a proof of claim and demanding its allowance must abide the consequences of that procedure. If the claimant is a State, the procedure of proof and allowance is not transmitted into a suit against the State because the court entertains objections to the claim. The State is seeking something from the debtor. No judgment is sought against the State. The whole process of proof, allowance, and distribution is, shortly speaking, an adjudication of interests claimed in a res. It is nonetheless such because the claim is rejected in toto, reduced in part, given a priority inferior to that claimed, or satisfied in some way-other than payment in cash. When the State becomes the actor and files a claim against the fund it waives any immunity which it otherwise might have had respecting the adjudication of the claim.”
    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.