In Re Williams’s Empirical Analysis
1998
Citation profile
4 district ·
How this case has been cited
Cited by 29 later decisions — most recently October 2016 · most notably Parker v. Grant (In Re Grant) (1999), ePlus, Inc. v. Katz (In Re Metiom, Inc.) (2004)
4 district ·
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. § 523 · 28 U.S.C. § 158 · 28 U.S.C. § 2412
Relies on Hensley v. Eckerhart · Alyeska Pipeline Service Company v. Wilderness Society · Cooter & Gell v. Hartmarx Corp. · Pierce v. Underwood · Carnegie v. United States
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We hold that the creditor must be substantially justified at all times through trial to be insulated from paying attorneys’ fees under § 523(d). See (In re Carolan), 204 B.R. 980 (9th Cir. BAP 1996); In re Harvey, 172 B.R. at 318-19 ; First Deposit Nat’l Bank v. Mack (In re Mack), 219 B.R. 311, 314 (Bankr.N.D.Fla.1998) (where a “creditor pursues or continues to pursue a claim after it knows or should have known it could not prevail, there is no reasonable basis” and thus, it cannot be substantially justified); Providian Bank v. Stockard (In re Stockard), 216 B.R. 237, 240 (Bankr.M.D.Tenn.1997) (“[a] creditor’s position is substantially justified if it has a ‘reasonable basis in both law and in fact’ at all times during the litigation.”); People’s Bank v. Poirier (In re Poirier), 214 B.R. 53, 57 (Bankr.D.Conn.1997); Mercantile Bank of Illinois v. Williamson (In re Williamson), 181 B.R. 403 408 (Bankr.W.D.Mo.1995); In re Friend, 156 B.R. 257, 262 (Bankr.W.D.Mo.1993); In re Shurbier, 134 B.R. 922, 928 (Bankr.W.D.Mo.1991); Manufacturers Hanover Trust Co. v. Hudgins, 72 B.R. 214, 220-21 (N.D.Ill.1987) (“when a creditor learns that it will not be able to prove its case, but continues to pursue the case, it falls within the statute, and thus must pay the debtor’s attorney’s fees and costs”).”
1 later decision quote this exact passage“(1) a reasonable basis in law for the theory it propounds; (2) a reasonable basis in truth for the facts alleged; and (3) a reasonable connection between the facts alleged and the legal theory advanced.”
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.