In Re William M. Behlke’s Empirical Analysis
2004
Citation profile
10 federal appellate · 9 district ·
How this case has been cited
Cited by 140 later decisions — most recently July 2022 · most notably In Re: Michael J. Oyler (2005), United States Trustee v. Cortez (2006)
10 federal appellate · 9 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Salmi v. Secretary of Health & Human Services · Zolg v. Kelly · Rembert v. AT & T Universal Card Services, Inc. · In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtor · Green v. Staples
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 140 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A court would not be justified in concluding that a debtor is needy and worthy of discharge, where his disposable income permits liquidation of his consumer debts with relative ease. Other factors relevant to need include whether the debtor enjoys a stable source of future income, whether he is eligible for adjustment of his debts through Chapter 13 of the Bankruptcy Code, whether there are state remedies with the potential to ease his financial predicament, the degree of relief obtainable through private negotiations, and whether his expenses can be reduced significantly without depriving him of adequate food, clothing, shelter and other necessities.”
13 later decisions quote this exact passage · from the majoritye.g. In re Kehl · In Re Burge“Loan repayments to retirement accounts are considered ‘disposable income’ because of their unique character; the debtor is, in essence, repaying a loan to himself. Thus, ... it would be unfair to the creditors to allow the Debtors in the present case to commit part of their earnings to the payment of their own retirement fund while at the same time paying their creditors less than a 100% dividend.”
3 later decisions quote this exact passage · from the majoritye.g. In re Floyd · In Re Oot“ascertain from the totality of the circumstances whether he is merely seeking an advantage over his creditors, or instead is “honest,” in the sense that his relationship with his creditors has been marked by essentially honorable and un-deceptive dealings, and whether he is “needy” in the sense that his financial predicament warrants the discharge of his debts in exchange for liquidation of his assets.”
1 later decision quote this exact passage · from the majoritye.g. In Re Ray
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.