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OpenJurist
← 415 BR 222 - In Re Smith

In Re Smith’s Empirical Analysis

2009

Citation profile

12
cited by 12 later decisions
April 2018
most recently cited

Relationships

Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 303 · 11 U.S.C. § 305 · 11 U.S.C. § 541 · 11 U.S.C. § 547 · 11 U.S.C. § 549 · 28 U.S.C. § 157

Relies on Grogan v. Garner · Union Bank v. Wolas · 118 S. Ct. 335 - Gens v. Federal Deposit Insurance · Missionary Baptist Foundation v. Huffman · Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc.

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. “Thus, the alleged debtor may not be “generally” paying his debts as they come due when he is not paying one hundred percent of his debts to only one creditor, or paying most of his debts in number to small recurring creditors, but is not paying a few creditors that make up the bulk of his debts.”
    1 later decision quote this exact passage · from the majority
    e.g. In Re Green Hills Development Co., LLC
  2. “(a) The court, after notice and a hearing, may dismiss a case under this title, or may suspend all proceedings in a case under this title, at any time if- (1) the interests of creditors and the debtor would be better served by such dismissal or suspension; ... 113”
    1 later decision quote this exact passage · from the majority
    e.g. In re Acis Capital Mgmt., L.P.
  3. “[T]he trustee may avoid a transfer of property of the estate— (1) that occurs after the commencement of the case; and (2)(A) that is authorized only under section 303(f) or 542(c) of this title; or (B) that is not authorized under this title or by the court.”
    1 later decision quote this exact passage · from the majority
    e.g. In re Bos

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.