In Re Pier’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. “Of the considerations set forth in In re Krohn that are relevant to a debtor’s “need,” the first one is of primary importance: whether the debtor has the ability to “repay his debts out of future earnings.” ... In assessing a debtor’s ability to repay his debts, a court’s task is to hypothesize whether the debtor, if he or she had filed for relief under Chapter 13 of the Bankruptcy Code, as opposed to Chapter 7, would be able to repay their debts with relative ease.”

   1 later decision quote this exact passage
   e.g. In Re Shields

2. “After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, but not at the request or suggestion of any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts if it finds that the granting of relief would be a substantial abuse of the provisions of this chapter. There shall be a presumption in favor of granting the relief requested by the debtor.”

   1 later decision quote this exact passage
   e.g. In Re Cortez

3. “[B]y referring to the order for relief, which under § 301 is automatically entered at the time a petition is filed, § 707(b) 's concern must be focused on the circumstances as they existed at the time a debtor's case is commenced.”

   1 later decision quote this exact passage
   e.g. In Re Cortez