Holt v. Holt’s Empirical Analysis
1983
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently April 2008
6 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
Relies on Pauley v. Spong · 1 Utah 2d 281 - Fife v. Fife · 20 Utah 2d 287 - Erickson v. Beardall · Petoske v. Petoske (In Re Petoske) · Diers v. Diers (In Re Diers)
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) A discharge under section 727, 1141, or 1328(b) of this title does not discharge an individual debtor from any debt (5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree, or property settlement agreement, ....”
2 later decisions quote this exact passage“The federal bankruptcy courts and any ‘appropriate nonbankruptcy forum’ have concurrent jurisdiction on issues of dis-chargeability under sections 523(a)(1), (3), (5), (7), (8), (9), and (10). Id.; see 3 Collier on Bankruptcy ¶ 523.15[6] at 523-126 (15th ed. 1993) ... Federal and state courts have concurrent jurisdiction to determine whether an obligation is one for support or one for property division.... A contest to dischargeability of a debt claimed to be in the nature of alimony, maintenance, or support can be brought before or after a discharge has been granted to the debtor because there is no time limit for the filing of a complaint to determine the dischargeability of a type of debt listed as nondischargeable under section 523(a)(5) ... A debtor or any creditor, i.e., a former wife, may file a complaint with the bankruptcy court to obtain a determination of dischargeability of debts arising under section 523(a)(5). If such a complaint seeking a specific determination of dischargeability is not filed, the issue of dischargeability may then be tried in the appropriate state court. The state court [has] concurrent jurisdiction over this action as to the dis-chargeability issue.”
1 later decision quote this exact passagee.g. Hogie v. Hogie“if without the debt assumption, the spouse would be inadequately supported, the debt assumption was meant to be support.”
1 later decision quote this exact passagee.g. Kinsman v. Kinsman
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.