← 598 F.2d 779 - In the Matter of Arthur Gershenbaum Appeal of Arthur Gershenbaum

In the Matter of Arthur Gershenbaum Appeal of Arthur Gershenbaum’s Empirical Analysis

Citation profile

cited by 40 later decisions

October 2012

most recently cited

1 federal appellate ·

How this case has been cited

Cited by 40 later decisions — most recently October 2012 · most notably Osborn v. Durant Bank & Trust Co. (1994), In Re Miller (1990)

1 federal appellate ·

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.

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

“When the bankrupt files an application to amend a voluntary petition in bankruptcy, the court’s only role under Rule 110 is to decide who should be given notice of the amendment. It does not have discretion to deny leave to amend or to require a showing of good cause.”
5 later decisions quote this exact passage · from the majority
e.g. In Re Davis · In Re Cudeyro
“A voluntary petition, schedule, or statement of affairs may be amended as a matter of course at any time before the case is closed.”
3 later decisions quote this exact passage · from the majority
e.g. In Re Davis · In Re Alesia
“[the creditor] has not pointed to any prejudice which he will suffer as a result of the amendment, which he would not have incurred if his debt had been listed in the petition for bankruptcy. He has not indicated that he has changed his position during the twenty-one months which elapsed between the bankruptcy and the amendment, nor has he alleged that he was damaged by the loss of an opportunity to participate in the bankruptcy proceeding.... It is clear that tivo wholly separate issues must be resolved before Gershenbaum’s bankruptcy may be raised as a bar to [creditor’s] claim: first, may the petition be amended and second, if it may be amended, the scope of the discharge.”
2 later decisions quote this exact passage · from the majority
e.g. In Re Cudeyro · Opel v. Daly (In Re Daly)

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.