In Re Lindley’s Empirical Analysis

Citation profile

2 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargea-ble in a case under this title is enforceable only to any extent enforceable under applicable non-bankruptcy law, whether or not discharge of such debt is waived, only if— (1) such agreement was made before the granting of the discharge under section 727, 1141, 1228, or 1328 of this title; (2) (A) such agreement contains a clear and conspicuous statement which advises the debtor that the agreement may be rescinded at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim; and (B) such agreement contains a clear and conspicuous statement which advises the debtor that such agreement is not required under this title, under nonbankruptcy law, or under any agreement not in accordance with the provisions of this subsection; (3) such agreement has been filed with the court and, if applicable, accompanied by a declaration or an affidavit of the attorney that represented the debtor during the course of negotiating an agreement under this subsection, which states that— (A) such agreement represents a fully informed and voluntary agreement by the debtor; (B) such agreement does not impose an undue hardship on the debtor or a dependent of the debtor; and (C) the attorney fully advised the debtor of the legal effect and conse”

   1 later decision quote this exact passage
   e.g. In re Turner

2. “• the agreement must be filed with the court; • the agreement itself must contain “a clear and conspicuous statement” advising the debtor that he may rescind the agreement within sixty days after it is filed or at any time prior to discharge; • if an attorney represented the debtor during negotiation of the agreement, the filed copy of the agreement must include a declaration by counsel that the agreement is “fully informed” and “voluntary,” that it does not impose an “undue hardship” on the debtor or his dependents, and that counsel advised the debtor of the legal effect and consequences of both the agreement and any default under that agreement; • if the debtor was not represented by counsel in the negotiation of the agreement, then the court must hold a hearing attended by the debtor and inform the debtor that he is not obliged to enter into a reaffirmation agreement and explain to the debtor the legal effect and consequences of both the agreement and any default thereunder; moreover, unless the debt is a consumer debt secured by real property, the court must review the agreement and find that it does not impose an undue hardship on the debtor or his dependents and that it is in the best interest of the debtor.”

   1 later decision quote this exact passage
   e.g. In re Turner

3. “and nowhere else is the requirement that both parties sign the agreement more critical.”

   1 later decision quote this exact passage
   e.g. 40 1105 77782 Turner