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← 375 B.R. 201 - In Re Phillips

In Re Phillips’s Empirical Analysis

2007

Citation profile

5
cited by 5 later decisions
October 2014
most recently cited

Relationships

Applies 28 U.S.C. § 1334 · 28 U.S.C. § 157 · 28 U.S.C. § 1915 · 28 U.S.C. § 1930 (§ 246 of the Bankruptcy Reform Act of 1978 (Title 11))

Relies on Adkins v. E. I. DuPont de Nemours & Co. · Souder v. McGuire · In re Smith · In Re Nuttall · In Re Lineberry

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

  1. “The statute [28 U.S.C.1930(f) ], therefore, sets forth a two prong test for determining when the Court can waive the Chapter 7 filing fee under 28 U.S.C. § 1930 (f)(1)- The first prong of the test requires the Court to compare the debtors’ total combined monthly income to 150% of the poverty guidelines published by the United States Department of Health and Human Services applicable to a family of the size involved. If the debtors’ total combined monthly income is less than 150% of the poverty guidelines, the Court moves to the second prong, which requires a determination of whether the debtors are unable to pay the filing fee in installments.”
    1 later decision quote this exact passage
  2. “Under the procedures prescribed by the Judicial Conference of the United States, the district court or the bankruptcy court may waive the filing fee in a case under chapter 7 of title 11 for an individual if the court determines that such individual has income less than 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved and is unable to pay that fee in installments.”
    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.