In Re Smith’s Empirical Analysis
2001
Citation profile
3 district ·
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 522 · 11 U.S.C. § 541 · 28 U.S.C. § 157
Relies on Owen v. Owen · Daughtry v. United States · Southwest Marine, Inc. v. Gizoni · Forbes v. Holiday Corp. Savings & Retirement Plan · Forbes v. Lucas
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because the valuation process often involves the analysis of conflicting appraisal testimony, a court must necessarily assign weight to the opinion testimony received based on its view of the qualifications and credibility of the parties’ expert witnesses. See In re Coates, 180 B.R. 110, 112 (Bankr.D.S.C.1995) (“The valuation process is not an exact science, and the court must allocate varying degrees of weight depending upon the court’s opinion of the credibility of ... [the appraisal] evidence.”). As noted by the Bankruptcy Court for the Southern District of Ohio In re Smith 267 B.R. 568, 572-578 (Bankr.S.D.Ohio 2001), when “weighing conflicting appraisal testimony, courts generally evaluate a number of factors, including: ... the appraiser’s education, training, experience, familiarity with the subject of the appraisal, manner of conducting the appraisal, testimony on direct examination, testimony on cross-examination, and overall ability to substantiate the basis for the valuation presented.” Id. (internal citations omitted). A bankruptcy court is not bound to accept the values contained in the parties’ appraisals; rather, it may form its own opinion considering the appraisals and expert testimony. Id. at 573 ; see, e.g., In re Abruzzo, 249 B.R. 78, 86 (Bankr.E.D.Pa.2000) (“I am left to some extent with the proverbial battle of the appraisers. Finding merit to both their positions, the only conclusion I can reach is to find some value in between.”)”
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.