In re Meyers’s Empirical Analysis

Citation profile

1 federal appellate · 4 district · 3 state decisions

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

1. “'sufficiently rooted in the pre-bankruptcy past'”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Brown · Burciaga v. Moglia (In re Burciaga)

2. “Under the defunct Bankruptcy Act, we laid out the burdens of persuasion in turnover actions as follows. The trustee must bring the action to claim property for the bankruptcy estate, and she bears the burden of establishing a prima facie case for turnover. Gorenz v. Ill. Dep’t of Agric., 653 F.2d 1179 , 1184 (7th Cir. 1981) (citing Maggio v. Zeitz, 333 U.S. 56 , 68 S.Ct. 401 , 92 L.Ed. 476 (1948)). Once a prima facie case is established, the debtor must provide a reason for going forward with the case, but the ultimate burden of persuasion remains with the trustee at all times. Id. See In re U.S.A. Diversified Products, Inc., 196 B.R. 801, 805 (N.D.Ind.1996) (applying this approach under the Code); In re Schneider, 417 B.R. 907, 919 (Bankr.N.D.Ill.2009) (same). We take this opportunity to place our imprimatur on this approach under the Bankruptcy Code. Asking the trustee to engage in extensive investigations and complicated calculations before filing a turnover order will necessarily result in increased costs to the bankruptcy estate, see 11 U.S.C. § 507 (a)(1)(C) — costs that we do not believe are necessary unless and until the debtor provides a reason to go forward. At the same time, our approach gives every debtor the opportunity to challenge the trustee’s proposed assessment of the estate’s interest. The weaker the trustee’s case, the easier it will be for the debtor to upset it. There is some dispute whether the trustee must establish the estate’s right to the property b”

   1 later decision quote this exact passage · from the majority
   e.g. In re Lee

3. “[t]hese general rules provide the background for resolving disputes over tax refunds, but they are only a starting point. The fact that reasonable people can identify competing methods for calculating the pre-petition share of the refunds betrays the incompleteness of a rule that simply calls for identifying at what time an asset became 'rooted'.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Brown