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← 295 B.R. 69 - McDow v. Smith

McDow v. Smith’s Empirical Analysis

2003

Citation profile

24
cited by 24 later decisions
May 2018
most recently cited

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. “(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 dissent
  2. “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.