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← 345 BR 206 - In Re Bernales

In Re Bernales’s Empirical Analysis

2006

Citation profile

12
cited by 12 later decisions
1
states following
March 2018
most recently cited

1 federal appellate · 1 state decisions

Relationships

Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 110 · 11 U.S.C. § 111 (§ 106 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 342 · 11 U.S.C. § 362 · 11 U.S.C. § 521 · 11 U.S.C. § 523 · 11 U.S.C. § 526 (§ 227 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005)

Relies on Central Hudson Gas Electric Corporation v. Public Service Commission of New York · BFP v. Resolution Trust Corporation · Birbrower, Montalbano, Condon & Frank v. Superior Court · Rubin v. West · Hastings v. United States Trustee (In Re Agyekum)

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

  1. “(A) the debtor’s actual damages; (B) the greater of— (i) $2,000; or (ii) twice the amount paid by the debtor to the bankruptcy petition preparer for the preparer’s services; and (C) reasonable attorneys’ fees and costs in moving for damages under this subsection. 11 U.S.C. § 110 (i)(l).”
    1 later decision quote this exact passage
  2. “A declaration under penalty of perjury by the bankruptcy petition preparer shall be filed together with the petition, disclosing any fee received from or on behalf of the debtor within 12 months immediately prior to the filing of the case ...”
    1 later decision quote this exact passage
  3. “All fees charged by a bankruptcy petition preparer may be forfeited in any case in which the bankruptcy petition preparer fails to comply with this subsection or subsection (b), (c), (d), (e), (f), or (g).”
    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.