In Re Shank’s Empirical Analysis

Citation profile

3 district · 1 state decisions

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

1. “If the debtor thinks that every one of the challenged claims is overstated, that every claimant has included illegal or unauthorized charges, or that for any reason she has no liability to any of them, she may investigate fully her theories and raise every viable claim or defense that she has. If the debtor requires documentation to make a good faith inquiry into the existence or amount of any liability and a claimant refuses a legitimate request to produce it, an objection that asserts her good faith challenge and requests disallowance of the claim due to inadequate documentation would be appropriate and could well result in entry of an order disallowing the claim or requiring its amendment.... But if the debtor thinks, for example, in accordance with her sworn statement in Schedule D in this case, that she owes First North American National Bank only $1,776.00 on the proof of claim filed by its assignee for $12,992.72, the proper objection is that the claimant has not established anything in excess of the amount the debtor admits is owed, not a request for complete disallowance of the claim merely because of inadequate documentation.”

   2 later decisions quote this exact passage
   e.g. In Re Chalakee · Heath v. American Express Travel Related Services Co. (In Re Heath)

2. “... [The Bankruptcy Rules] envision much simpler, expedited proceedings without all the trappings of normal civil litigation. They do not envision the determination of claims based on procedural technicalities such as whether a proof of claim includes adequate documentation or whether a creditor on 30 days notice may be ‘put to its proof in the absence of any indication that there is, in fact, a bona fide controversy over the amount of the debt.”

   2 later decisions quote this exact passage
   e.g. In re Gorman · In Re Sacko

3. “[a]t a minimum, the bankruptcy rules must be interpreted as requiring that a challenge to a proof of claim assert a basis for its disallowance or reduction under 11 U.S.C. § 502 (b) — the existence of at least a potential dispute-before the procedures governing the determination of disputes in the claims allowance process are even invoked. This conclusion follows in the first instance from the application of 11 U.S.C. § 501 , which permits the filing of a proof of claim, 11 U.S.C. § 502 (a), which provides that a filed proof of claim is deemed allowed unless there is an objection, and 11 U.S.C. § 502 (b), which specifies the grounds on which a claim is to be disallowed. 40”

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