DeVore v. Marshack (In Re DeVore)’s Empirical Analysis
1998
Citation profile
1 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 40 later decisions — most recently August 2023 · most notably Vincent Cusano v. Gene Klein an Individual (2001), Menk v. Lapaglia (In Re Menk) (1999)
1 federal appellate · 4 district · 3 state decisions
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
Applies 11 U.S.C. § 554 · 11 U.S.C. § 725
Relies on Cooter & Gell v. Hartmarx Corp. · Lawrence Tractor Co. v. Gregory · Greyhound Lines, Inc. v. Rogers · Lintz West Side Lumber Inc Farmers Merchants Bank of Fort Branch Indiana · Pitrat v. Reimers
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Unless the court orders otherwise, any property scheduled under section 521(1) of this title not otherwise administered at the time of the closing of a case is abandoned to the debtor ....”
2 later decisions quote this exact passage“We fail to see how the reopening of a bankruptcy case and withdrawal of a no asset report, without more, negate a valid technical abandonment). The reopening of a case is 'merely a ministerial or mechanical act [that] ... has no independent legal significance and determines nothing with respect to the merits of the case.' " (quoting In re Germaine, 152 B.R. 619, 624 (B.A.P. 9th Cir.1993)); cf. Fed. R. Bankr.P. 5010 advisory committee's note (1991) ("In most reopened cases, a trustee is not needed because there are no assets to be administered.”
1 later decision quote this exact passagee.g. Woods v. Kenan“"In the absence of an order directing abandonment, subsection (c) deems abandoned to the debtor any scheduled property of the estate that is unadministered at the close of the case. 5 Collier on Bankruptcy ¶ 554.02 [7] (Lawrence P. King ed., 15th ed. 1997). This is generally referred to as a technical abandonment. In re Shelton, 201 B.R. 147 , 154 (Bankr.E.D.Va. 1996). Unlike abandonment under § 554(a) or (b), an abandonment under § 554(c) occurs automatically upon case closure, without notice or hearing."”
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.