In Re Ellis’s Empirical Analysis
1985
Citation profile
1 district ·
How this case has been cited
Cited by 26 later decisions — most recently June 2017 · most notably Matter of Patton (1985), Matter of Berryhill (1991)
1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 11 U.S.C. § 109 · 11 U.S.C. § 1321
Relies on Kalb v. United States · Donovan v. Capital City Excavating Co. · Osh Oshd Schonbek Co Inc v. Donovan · Alabama Power Co. v. Federal Energy Regulatory Commission
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is designed to control abusive repetitive filings. See Statement of Senator Dole in 130 Cong.Ree. S.8894 (daily ed. June 29, 1984). In relevant part, the section provides that “no individual may be a debtor under this title who has been a debtor in a case pending under this title at any time in the preceding 180 days if ... the case was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case....” The Code does not define “willful” but it is reasonable to assume that Congress intended that the term would have its usual legal meaning. Willful is generally used to describe conduct which is intentional, knowing and voluntary, as opposed to conduct which is accidental or beyond the person’s control. A willful failure to do a required act necessitates a showing that the person, with notice of their responsibility, intentionally disregarded it or demonstrated “plain indifference.” (Citations omitted)”
1 later decision quote this exact passagee.g. Matter of Krattiger
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.