Fahey v. Fahey’s Empirical Analysis
2012
Citation profile
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 523 · 28 U.S.C. § 158 · 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1102 (§ 402 of the Employee Retirement Income Security Act of 1974)
Relies on Anderson v. Liberty Lobby, Inc. · Grogan v. Garner · Mertens v. Hewitt Associates · Davis v. Aetna Acceptance Co. · Irving Trust Company v. Bowditch
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] creditor must establish three elements to invoke the § 523(a)(4) exception to dischargeability. “First, the debt must result from a fiduciary’s defalcation under an ‘express or technical trust’ ... Second, the debtor must have acted in a fiduciary capacity with respect to the trust.... Third, the transaction in question must be a ‘defalcation’ within the meaning of bankruptcy law.” Chao v. Duncan (In re Duncan), 331 B.R. 70, 77 (Bankr.E.D.N.Y.2005) (citations omitted).”
1 later decision quote this exact passage“In re Varrasso , 37 F.3d at 762 (citations omitted); see also Soto-Rios v. Banco Popular de Puerto Rico , 662 F.3d at 115 ; Fed. R. Bankr. P. 7056 ; Fed. R. Civ. P. 56.6”
1 later decision quote this exact passage“In re Varrasso , 37 F.3d at 763 (citing Fed. R. Civ. P. 56(c) ).”
1 later decision quote this exact passage
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.