In Re: Mark A. Sidebottom, Debtor-Appellant’s Empirical Analysis

Citation profile

1 district ·

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

1. “(a) the nondischargeability of the debt; (b) the time of the filing of the petition; (c) how the debt arose; (d) the debtor's motive for filing the petition; (e) how the debtor's actions affected creditors; (f) the debtor's treatment of creditors both before and after the petition was filed; and (g) whether the debtor has been forthcoming with the bankruptcy court and the creditors.”

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

2. “A proceeding in bankruptcy has for one of its objects the discharge of the bankrupt from his debts. In voluntary proceedings, as both of these were, that is the primary object. Denial of a discharge from the debts provable, or failure to apply for it within the statutory time, bars an application under a second proceeding for discharge from the same debts.... A proceeding in bankruptcy has the characteristics of a suit, and since the denial of a discharge, or failure to apply for it, in a former proceeding, is available as a bar, by analogy the pendency of a prior application for discharge is available in abatement as in the nature of a prior suit pending, in accordance with the general rule that the law will not tolerate two suits at the same time for the same cause.”

   2 later decisions quote this exact passage · from the majority
   e.g. Bruce A. Ruth & Dawn Conversions, Inc. v. Swigert (In re Swigert) · In re Montes

3. “(I)t seems to us that a debt like the Broyleses’ claim against Sidebottom that is expressly excluded from a general discharge under Chapter 7 falls within the rule articulated by the Turner panel. As Freshman might have put it, the effort to litigate the same matter simultaneously in the Chapter 13 proceeding should have been rejected on the grounds of “same matter pending.” This is not a case in which the Chapter 7 proceeding was finished except for some minor technicalities at the end, like the filing of a trustee’s final report. Allowing Sidebottom to proceed with the Chapter 13 case significantly affects the Chapter 7 trustee’s ability to administer the estate, because it will change how much each creditor gets paid if the Broyleses’ claims are resolved through the Chapter 13 process.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Brandford