In Re Paschal’s Empirical Analysis
2006
Citation profile
35
cited by 35 later decisions
December 2019
most recently cited
3 district ·
Relationships
Applies 11 U.S.C. § 362
Relies on United States v. Ron Pair Enterprises, Inc. · Robinson v. Shell Oil Co. · Keene Corp. v. United States · Coleman v. · Wachovia Bank, National Ass'n v. Schmidt
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(3) if a single or joint case is filed by or against debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)— (A) the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case....”
9 later decisions quote this exact passagee.g. In Re Curry · In Re Baldassaro“a total of four times in short order and raises questions about the meaning of the words”
3 later decisions quote this exact passagee.g. In re Dev · In re Goodrich“Parsing this language, the court first notes that a “case” is not filed: A petition is filed, after which a case is opened. Next, the statute directs that the case must be filed by “[a] debtor who is an individual in a case .... ” For a debtor to be an individual in a case in the present tense, a case must still be pending. Thus, this section literally applies only to a debtor who has a chapter 7, 11 or 13 case open when a new petition is filed by or against that individual. Finally, a single or joint case of the debtor had to be “pending within the preceding 1-year period but was dismissed.” Taken all together, the section only applies to individuals who have had three cases pending in one calendar year: one case that has been dismissed, one case that is still pending when the petition at issue is filed, and the new case that is before the court for determination.”
2 later decisions 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.