Decker Decker’s Empirical Analysis

Citation profile

8 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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Bankruptcy Code does not require a debtor seeking a discharge specifically to maintain a bank account, nor does it require an impeccable system of bookkeeping. Nevertheless, the records must “ ‘sufficiently identify the transactions [so] that intelligent inquiry can be made of them.’ The test is whether ‘there [is] available written evidence made and preserved from which the present financial condition of the bankrupt, and his business transactions for a reasonable period in the past may be ascertained.’ ””

   4 later decisions quote this exact passage · from the majority
   e.g. Hendon v. Lufkin (In Re Lufkin) · Gordon v. Courtney (In Re Courtney)

2. “. [Tjhe rule leaves to the courts the formulation of rules governing the shift of the burden of going forward with the evidence in the light of such considerations as the difficulties of proving the nonexistence of a fact and of establishing a fact as to which the evidence is likely to be more accessible to the bankrupt than to the objector.”

   4 later decisions quote this exact passage · from the majority
   e.g. Beneficial Consumer Discount Co. v. Barrett (In Re Barrett) · Leibenhaut v. Ackerman (In Re Ackerman)

3. “At the trial on a complaint objecting to a discharge, the plaintiff has the burden of proving the facts essential to his objection.”

   4 later decisions quote this exact passage · from the majority
   e.g. Rifkin v. Krause (In re Krause) · Chittenden Trust Co. v. Mayo (In Re Mayo)