McDow v. Smith’s Empirical Analysis
2003
Citation profile
2 federal appellate ·
Relationships
Applies 11 U.S.C. § 102 · 11 U.S.C. § 105 · 11 U.S.C. § 1112 · 11 U.S.C. § 1307 · 11 U.S.C. § 523 · 11 U.S.C. § 707 · 11 U.S.C. § 727
Relies on Desert Palace, Inc. v. Costa · Hughey v. United States · Harrison v. PPG Industries, Inc. · Commissioner v. Lundy · Little Creek Development Co. v. Commonwealth Mortgage Corp.
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The debtor’s concealment or misrepresentation of assets and/or sources of income, such as the improper or unexplained transfers of assets prior to filing; (2) The debtor’s lack of candor and completeness in his statements and schedules, such as the inflation of his expenses to disguise his financial well-being; (3) The debtor has sufficient resources to repay his debts, and leads a lavish lifestyle, continuing to have excessive and continued expenditures; (4) The debtor’s motivation in filing is to avoid a large single debt incurred through conduct akin to fraud, misconduct, or gross negligence, such as a judgment in pending litigation, or a collection action; (5) The debtor’s petition is part of a “deliberate and persistent pattern” of evading a single creditor; (6) The debtor is “overutilizing the protection of the Code” to the detriment to his creditors; (7) The debtor reduced his creditors to a single creditor prior to filing the petition; (8) The debtor’s lack of attempt to repay creditors; (9) The debtor’s payment of debts to insider creditors; (10) The debtor’s “procedural gymnastics” that have the effect of frustrating creditors; (11) The unfairness of the debtor’s use of the bankruptcy process.”
4 later decisions quote this exact passage · from the dissente.g. In re Ellis · In re Romero“Yet, there is no evidence of any fraudulent, or otherwise wrongful conduct either in connection with the accumulation of the debt or the filing of the Chapter 7 petition. Indeed, while courts have dismissed petitions by debtors who seek to discharge primarily a single large obligation, while reaffirming or repaying other remaining debts, the debtor here did not incur his debt through “misconduct, fraud, or gross negligence” as most courts have required as a prerequisite to dismissal for bad faith.”
1 later decision quote this exact passage · from the dissent
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.