In Re: Craig D. Hanson, Debtor-Appellant’s Empirical Analysis

Citation profile

9 federal appellate · 1 district · 1 state decisions

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

1. ““Moreover, eases like Andersen and Pardee permit debtors to flaunt both substantive and procedural provisions of the Bankruptcy Code and Rules through a meaningless incantation ... on their proposed plans.””

   3 later decisions quote this exact passage · from the majority
   e.g. In re Forrest · In Re Forrest

2. “emphasize that our holding is a narrow one. We do not hold that the due process clause requires the service of a summons and adversary proceeding prior to the discharge of student loan debt. Rather, “we merely confirm that where the Bankruptcy Code and Bankruptcy Rules require a heightened degree of notice, due process entitles a party to receive such notice before an order binding the party will be afforded preclusive effect.” Banks, 299 F.3d at 302. Due to the lack of compliance with the Bankruptcy Code and Rules, the bankruptcy discharge order was void and ECMC was properly granted relief pursuant to Rule 60(b)(4). In re Escobedo, 28 ,F.3d 34, 35 (7th Cir.1994) (failure to comply with Bankruptcy Code renders plan nugatory).”

   2 later decisions quote this exact passage · from the majority
   e.g. New Jersey Higher Education Assistance Authority v. Pennell · Ruehle v. Educational Credit Management Corp.

3. “A number of student loan debtors have circumvented this process by inserting undue hardship findings or student loan or loan interest discharge provisions in their proposed plans. See, e.g., In re Banks, 299 F.3d 296 (4th Cir.2002); In re Ruehle, 307 B.R. 28 (6th Cir. BAP 2004). Apparently, the hope is that an unsuspecting bankruptcy court will confirm the plan and that the lender will not recognize the discharge by declaration ploy in time to object to confirmation or to file an appeal. The result is contrary to the express language of the Bankruptcy Code and Rules: The debt- or obtains a discharge of his student loan debt without filing an adversary proceeding to establish undue hardship.”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Walton · New Jersey Higher Education Assistance Authority v. Pennell