Holliday v. Kline’s Empirical Analysis
65 F.3d 749 · 1995
Citation profile
10 federal appellate · 5 district · 5 state decisions
How this case has been cited
Cited by 105 later decisions — most recently September 2016 · most notably Aleta Beaupied v. Amy Chang (1998), Geiger v. Kawaauhau (1997)
10 federal appellate · 5 district · 5 state decisions
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.
Relationships
Applies 11 U.S.C. § 523 · 11 U.S.C. § 727
Relies on Pauley v. Spong · Williams v. Williams · Miller v. Gentry · Werner
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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(15) not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, a determination made in accordance with State ... law ... unless (A) the debtor does not have the ability to pay such debt from income or property of the debtor not reasonably necessary to be expended for the maintenance or support of the debtor or a dependent of the debtor; or (B) discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse, former spouse, or child of the debtor.”
11 later decisions quote this exact passage · from the majority“`[t]he policy underlying section 523(a)(5) . . . favors enforcement of familial support obligations over a”
2 later decisions quote this exact passage · from the majoritye.g. In Re Beverly · In Re MacY“The Bankruptcy Reform Act of 1978 prohibits the discharge of a debtor’s obligation to make alimony, maintenance, or support payments to his or her former spouse... .Whether a particular debt is a support obligation or part of a property settlement is a question of federal bankruptcy law, not state law... .Debts payable to third persons can be viewed as maintenance or support obligations; 5 the crucial issue is the function the award was intended to serve... .Though we of course regard the decisions of the state courts with deference, bankruptcy courts are not bound by state laws that define an item as maintenance or property settlement, nor are they bound to accept a divorce decree’s characterization of an award as maintenance or a property settlement.”
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.