In Re OBrien’s Empirical Analysis

Citation profile

3 district · 2 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a debtor amends his schedules to add a tax refund: “The crucial question ... becomes whether the debtor’s nondisclosure of the tax refund was in bad faith or fraudulent.” In re Millsaps, 774 F.2d 1163 , 1985 WL 13737 , at (6th Cir.1985) (unpublished table opinion). It is up to the bankruptcy court, as the finder of fact, “to determine credibility and whether there was intent to conceal.” Id. “In the context of an amendment to exemptions, bad faith is determined by an examination of the totality of the circumstances.” Moyer v. Hollinshead (In re Hollinshead), 438 B.R. 354 , 2010 WL 727969 , at (6th Cir. BAP 2010) (unpublished table opinion) (quoting In re Colvin, 288 B.R. 477, 481-82 (Bankr.E.D.Mich.2003) (citations omitted)).”

   1 later decision quote this exact passage
   e.g. In Re Rice

2. “When a trustee has filed a turnover motion relating to specific property or the value of that property and the debtor has filed amended exemptions to claim the property sought to be turned over ..., it is prudent for the court to hear the turnover motion and the trustee’s objection to the debtor’s amended exemptions during a combined hearing. To the extent amended exemptions are denied, the trustee is entitled to a turnover order for the property itself or the value of the property. To the extent the amended exemptions are permitted (and the property is “reclaimed” by the debtor), the trustee is not entitled to turnover.”

   1 later decision quote this exact passage
   e.g. In re Mickens