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← 209 F.3d 38 - In Re: Wayne Cousins

In Re: Wayne Cousins’s Empirical Analysis

Citation profile

21
cited by 21 later decisions
September 2018
most recently cited

4 federal appellate · 4 district ·

Relationships

Relies on Bruning v. United States · Burns v. United States ex rel. Internal Revenue Service · Hanna v. United States · Thinking Machines Corporation Thinking Machines Corporation v. Mellon Financial Services Corporation · Leeper v. Pennsylvania Higher Education Assistance Agency

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

  1. “remain personally responsible for their nondischargeable student loan debts, and those debts pass or ride through the bankruptcy unaffected and are a postbankruptcy liability of the former debtor”
    3 later decisions quote this exact passage · from the majority
  2. “(a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt — .... (8) for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend, unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor’s dependents....”
    2 later decisions quote this exact passage · from the majority
  3. “[Section] 17 is not a compassionate section for debtors. Rather, it demonstrates congressional judgment that cer tain problems — e.g., those of financing government — override the value of giving the debtor a wholly fresh start. Congress clearly intended that personal liability for unpaid tax debts survive bankruptcy. The general humanitarian purpose of the Bankruptcy Act provides no reason to believe that Congress had a different intention with regard to personal liability for the interest on such debts.”
    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.