In Re Hardacre’s Empirical Analysis

Citation profile

7 federal appellate · 10 district ·

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

1. “) was "intended to address what Congress perceived to be certain abuses of the bankruptcy process.”

   2 later decisions quote this exact passage
   e.g. In re Hernandez · In Re Singletary

2. “A strict application of section 101(10A)’s definition of “current monthly income” can have serious consequences in some cases. For example, if “current monthly income,” as defined in section 101(10A) applies, a debtor who anticipates a significant enhancement of future income is provided strong incentive to file chapter 13 as soon as possible. The amount of money that she would be required to commit to the plan would be based upon her lower average income prior to filing. On the other hand, a debtor who finds herself in the unfortunate circumstance of having a lower income after filing her petition might find that she is unable to confirm a plan because she cannot devote to the plan a “projected disposable income” predicated upon her prepetition income.”

   1 later decision quote this exact passage
   e.g. Kibbe v. Sumski

3. “The court believes that the term “projected disposable income” must be based upon the debtor’s anticipated income during the term of the plan, not merely an average of her prepetition income. This conclusion is buttressed not only by the anomalous results that could occur by strictly adhering to section 101(10A)’s definition of “current monthly income,” but because, taken as a whole, section 1325(b)(1) commands such a construction.”

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