Tidwell v. Smith’s Empirical Analysis
582 F.3d 767 · 2009
Citation profile
8 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 521 · 11 U.S.C. § 523 · 11 U.S.C. § 524 · 11 U.S.C. § 707 · 11 U.S.C. § 726 · 11 U.S.C. § 727 · 28 U.S.C. § 1291 · 28 U.S.C. § 158
Relies on United States v. United States Gypsum Co. · Mullane v. Central Hanover Bank & Trust Co. · Kawaauhau v. Geiger · In re Saco Local Development Corp. · Byrd v. Alton
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“See Mfrs. Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to creditor is necessary and sufficient to satisfy § 523(a)(3)(B); notice supplied seven days prior to bar date is insufficient); Sophir Co. v. Heiney (In re Heiney), 194 B.R. 898, 902-03 (D.Colo.1996) (notice received eighteen days prior to bar date insufficient); In re Walker, 149 B.R. 511, 515-17 (Bankr.N.D.Ill.1992) (knowledge of bankruptcy acquired by unrepresented creditor twenty days prior to bar date insufficient); cf. Muse v. Muse (In re Muse), 289 B.R. 619, 623-24 (Bankr.W.D.Pa.2003) (notice provided seventy-seven days prior to deadline for nondischarge-ability complaint sufficient); Herman v. Bateman (In re Bateman), 254 B.R. 866, 874-75 (Bankr.D.Md.2000) (notice received twenty-six days prior to bar date sufficient); [In re] Marino, 195 B.R. [886] at 895-97 [ (Bankr.N.D.Ill.1996) ] (two months’ notice was adequate); but see also Grossie v. Sam (In re Sam), 894 F.2d 778, 781-82 (5th Cir.1990) (eighteen days’ notice sufficient).”
1 later decision quote this exact passage · from the majority“[A]ny debt ... neither listed nor scheduled under section 521(a)(1) of this title, with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit ... if such debt is of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim and timely request for a determination of dischargeability of such debt under one of such paragraphs, unless such creditor had notice or actual knowledge of the case in time for such timely filing and request^]”
1 later decision quote this exact passage · from the majoritye.g. In re Hardej“The notice must not only reasonably convey the required information, but it must also “afford a reasonable time for those interested to make their appearance.” A key function of the notice provided to a creditor in a bankruptcy proceeding is to give the creditor the opportunity to file a proof of claim and, where the debt is potentially nondis-chargeable, to request a determination of nondischargeability.”
1 later decision quote this exact passage · from the majority
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.