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OpenJurist
← 338 BR 39 - In Re Koliba

In Re Koliba’s Empirical Analysis

2006

Citation profile

4
cited by 4 later decisions
January 2012
most recently cited

Relationships

Applies 11 U.S.C. § 301 · 11 U.S.C. § 302 · 18 U.S.C. § 151 · 28 U.S.C. § 1334 · 28 U.S.C. § 157 · 28 U.S.C. § 1746

Relies on Business Guides, Inc. v. Chromatic Communications Enterprises, Inc. · Dale Becker v. Betty Montgomery Attorney General of Ohio · Mullis v. United Statescy Court for District of Nevada · Groves v. Ring Screw Works · Ohio v. Collins

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

  1. “It appears that nowhere in the Bankruptcy Code is it provided that a debtor, or for that matter their attorney, must sign a bankruptcy petition. Instead, signature requirements are Rule driven. But insofar as the Rules go, Rule 1008 does not constitute the last word on a petition’s signature requirements. Importantly, Bankruptcy Rule 9011, which by its specific terms applies to bankruptcy petitions, sets forth in the last sentence of paragraph (a) that an “unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.” (emphasis added). Thus, Rule 9011 allows a party to correct a signature omission in a petition so long as they do promptly once learning of the defect.”
    1 later decision 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.