In Re Murphy’s Empirical Analysis

Citation profile

3 federal appellate ·

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

1. “(1) The bankrupt or any creditor may file an application with the court for the determination of the dischargeability of any debt. (2) A creditor who contends that his debt is not discharged under clause (2), (4), or (8), of subdivision (a) of this section must file an application for a determination of dischargeability within the time fixed by the court pursuant to paragraph (1) of subdivision (b) of section 32 of this title and, unless an application is timely filed, the debt shall be discharged. Notwithstanding the preceding sentence, no application need be filed for a debt excepted by clause (8) if a right to trial by jury exists and any party to a pending action on such debt has timely demanded a trial by jury or if either the bankrupt or a creditor submits a signed statement of an intention to do so. (3) After hearing upon notice, the court shall determine the dischargeability of any debt for which an application for such determination has been filed, shall make such orders as are necessary to protect or effectuate a determination that any debt is dis-chargeable and, if any debt is determined to be nondischargeable, shall determine the remaining issues, render judgment, and make all orders necessary for the enforcement thereof. A creditor who files such application does not submit himself to the jurisdiction of the court for any purposes other than those specified in this subdivision. (4) The provisions of this subdivision shall apply whether or not an action on a debt ”

   1 later decision quote this exact passage · from the majority
   e.g. 377 F. Supp. 798 - In Re Durensky

2. ““The jurisdictional grant under the first part of § 2a(2A) to hear and determine ‘any question arising as to the amount or legality of any tax is limited by two factors only. First of all the tax must not have been paid. . Secondly, the disputed tax must not have been contested and adjudicated prior to bankruptcy. Thus, the immaterial elements not affecting the court’s jurisdiction, include . whether or not a proof of claim is filed for the tax. Actually, if a proof of claim has been filed the court has independent power under § 57 to determine its validity and amount before allowing it.””

   1 later decision quote this exact passage · from the majority
   e.g. 377 F. Supp. 798 - In Re Durensky

3. ““But § 17c(3) [ 11 U.S.C. § 35 (c)(3)] does, I believe, require the bankruptcy court to take a tax case from the Tax Court or a district court when judgment has not yet been rendered on an undischarged tax claim. There is no suggestion in the legislative history that multiple litigation over tax claims was any less to be avoided than multiple litigation over any other claims ..” (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. Gwilliam v. United States