In Re Westberry’s Empirical Analysis
1998
Citation profile
1 federal appellate ·
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1301 · 11 U.S.C. § 503 · 11 U.S.C. § 547 · 15 U.S.C. § 1602 (§ 103 of the Truth in Lending Act) · 15 U.S.C. § 1692A (Fair Debt Collection Practices Act)
Relies on Zolg v. Kelly · Tower v. Moss · Booth · Kestell Kestell v. A Kestell · Citizens National Bank v. Burns
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Wilbur G. Westberry filed Chapter 13 on November 5, 1997. The debtor and his nonfiling spouse jointly owed federal taxes for 1988 of $34,525.02. The debt- or’s plan proposed to pay the taxes in full in three years. The IRS began collection against the nonfiling codebtor by serving a notice of levy on- her employer. The debtor filed a motion to enforce the codebtor stay. The IRS objected. The tax debt relates only to income earned in 1988. In that year, the debtor was a self-employed insurance salesman. He incurred federal income and self-employment taxes on his earnings. All income earned in 1988 was used by the debtor and his wife for personal, family, or household purposes — to support themselves and their three dependents. No business assets were acquired in 1988, except perhaps a typewriter, and no money was spent on businesses, investments, or other profit-making activities.”
1 later decision quote this exact passage“a creditor may not act . . . to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor.”
1 later decision quote this exact passage“involuntarily imposed by the government for a public purpose”
1 later decision quote this exact passage
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.