In Re: Wayne Bell Jr’s Empirical Analysis

Citation profile

6 district · 3 state decisions

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

1. “In an appeal from a district court's review of a bankruptcy court ruling, our review of the bankruptcy court is independent and plenary. We accept its factual findings unless clearly erroneous, but review its conclusions of law de novo.”

   7 later decisions quote this exact passage · from the majority
   e.g. In Re The Caldor Corporation · In Re Lawrence, Debtor. Barbara C. Lawrence Lawrence Group, Inc. Lawrence United Corp. Insurance Agency of Southern California, Inc. A.W. Lawrence and Company Lawrence Agency Corp. Lawrence United Corporation Lawrence Health Care Administrative Services, Inc. Global Insurance Company and Senate Insurance Company v. Stephen P. Wink Peter Barton J. Anthony Boeckh Robert Campbell Dale W. Church Tom Curran Edward A. Dohring Sharon Duker Brian Enright John Fedele Walter M. Fiederowicz Goldberg Charitable Trust Alan P. Goldberg Libby Goldberg Robert J. Higgins Dan Hogan Hugh A. Johnson, Jr. Ken Leichman Michael Lindburg Michael Lounsberry Louise Lounsberry Michael D. Marvin Martin J. Mastroianni Patricia Mastroianni Daniel v. McNamee III George C. McNamee Kathleen McNamee Art Murphy E. Dennis O'COnnOr Maureen O'COnnOr Seymour Pearlman John Puig Bob Schock Charles L. Schwager Beni Sternlicht Edward Swyer Thomas Vierengel Timothy R. Welles David Wood Mechanical Technology, Inc. First Albany Companies, Inc., John Does 1-50 Jane Does 1-50

2. “Nevertheless, when application of equitable tolling turns on the plaintiffs diligence in discovering a cause of ac tion, courts may hold, as a matter of law, that the doctrine does not apply. “[T]he extent to which a plaintiff used reasonable diligence is tested by an objective standard. A district court may, therefore, grant a summary judgment motion if the uncontroverted evidence irrefutably demonstrates that a plaintiff discovered or should have discovered the fraud but failed to file a timely complaint.” Because a chapter 7 trustee has a statutory obligation to “investigate the financial affairs of the debtor [, ... ] collect and reduce to money the property of the estate ..., and close such estate as expeditiously as is compatible with the best interests of parties in interest,” 11 U.S.C. §§ 704 (1), (4), equitable tolling’s requirement of diligence is particularly acute in the bankruptcy context.”

   2 later decisions quote this exact passage · from the majority
   e.g. Murphy v. Wray (In Re Wray) · Loop Corp

3. “(1) Except as provided in paragraph (2), when a case under chapter 13 of this title is converted to a case under another chapter under this title— (A) property of the estate in the converted case shall consist of property of the estate, as of the date of filing of the petition, that remains in the possession of or is under the control of the debtor on the date of conversion.... (2) If the debtor converts a case under chapter 13 of this title to a case under another chapter under this title in bad faith, the property in the converted case shall consist of the property of the estate as of the date of conversion. 7”

   2 later decisions quote this exact passage · from the dissent
   e.g. In Re Fonke · In Re Bace