Rogers v. McGahee’s Empirical Analysis
2004
Citation profile
13 state decisions
Relationships
Applies 11 U.S.C. § 523 · 11 U.S.C. § 727
Relies on Smith v. Smith · 127 Wis. 2d 521 - Marriage of Long v. Long · Manuel v. Manuel · Ashburn v. Baker · 208 Ga. App. 862 - Collins v. Collins
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“That the debtor former spouse has received a general discharge in bankruptcy does not deprive the state court of its jurisdiction to determine whether certain debts of the debtor former spouse are exempt under § 523 (a) (5) from discharge-ability. [Cits.]... Accordingly, since there is no evidence that the bankruptcy court made specific determinations that the debt to the IRS and the car loan debt assumed by McGahee in the final judgment and decree of divorce, as well as the “hold harmless” agreements contained therein, were or were not exempt from dischargeability under § 523 (a) (5), the trial court must exercise its concurrent jurisdiction and make such a determination on each of the three debts at issue.”
1 later decision quote this exact passagee.g. McGahee v. Rogers“If either the debtor spouse or the creditor spouse files a complaint in the bankruptcy court to obtain a determination of the dischargeability of the debts under § 523(a)(5), the bankruptcy court's adjudication of the complaint for determination of dischargeability is res judicata in state court.”
1 later decision quote this exact passage“Whether a debt is non-dischargeable under § 523 (a) (5) because it is in the nature of alimony, maintenance, or support is a question of federal law, with state law providing guidance in determining whether the obligation should be considered 'support' under § 523 (a) (5).”
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.