In the Matter Of: Athanassios Nikoloutsos v. Anthanassios Nikoloutsos’s Empirical Analysis

Citation profile

3 federal appellate · 1 district ·

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

1. “(1) that the debtor made a representation regarding ... compliance with Section 1325 which was materially false; (2) that the representation was either known by the debtor to be false, or was made without belief in its truth, or was made with reckless disregard for the truth; (3) that the representation was made to induce the Court to rely upon it; (4) the court did rely upon it; and (5) that as a consequence of such reliance, the court entered the confirmation order.”

   4 later decisions quote this exact passage · from the majority
   e.g. Wahrman v. Bajas (In Re Bajas) · Johnson v. Stemple (In Re Stemple)

2. “(1) [T]he claim must be in writing; (2) the writing must contain a demand by the creditor on the debtor’s estate; (3) the writing must evidence an intent to hold the debtor liable for such debt; (4) the writing must be filed with the bankruptcy court; and (5) based upon the facts of the case, allowance of the claim must be equitable under the circumstances.”

   4 later decisions quote this exact passage · from the majority
   e.g. Fidelity & Deposit Co. v. FitzGerald Contractors, Inc. · Hous. Bluebonnet, L.L.C. v. JPMorgan Chase Bank (In re Hous. Bluebonnet, L.L.C.)

3. “The information provided by a debtor in the several petition documents should not only be complete, but truthful so that the court and other parties in interest can reasonably rely upon the data contained therein. By listing the debt to Mrs. Nikoloutsos as $0.00 in the original petition and later failing to amend the petition, Mr. Nikoloutsos made a materially false representation which was either known by him to be false or made with reckless disregard for the truth. It is clear from the facts of this case, which arise from an attempt by Mr. Niloloutsos to avoid the judgment against him, that Mr. Nikoloutsos provided the materially false information with the intent of inducing the court to rely upon it. Although the bankruptcy court was aware of the state court judgment before confirmation, the court must have relied on the $0.00 figure provided by Mr. Nikoloutsos because otherwise his debt would have exceeded the $250,000 limit established by § 109(e) and been non-dischargeable under either Chapter 7 or Chapter 13. As a consequence of the bankruptcy court’s implicit reliance on the incorrect schedules, it entered the confirmation. Id. (emphasis added)”

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