Bandi v. Becnel’s Empirical Analysis
683 F.3d 671 · 2012
Citation profile
3 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 523 · 11 U.S.C. § 528 (§ 229 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 727
Relies on Field v. Mans · Constance Mercer At&t Universal Card Services v. Constance P Mercer · Engler v. Van Steinburg · Bogdanovich v. · Total Minatome Corp. v. Jack/Wade Drilling, Inc.
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) A discharge under section 727 ... of this title does not discharge an individual debtor from any debt— (2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by— (A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition; (B) use of a statement in writing— (i) that is materially false; (ii) respecting the debtor’s or an insider’s financial condition; (iii) on which the creditor to whom the debtor is liable for such money, property, services or credit reasonably relied; and (iv) that the debtor caused to be made or published with intent to deceive ...”
4 later decisions quote this exact passage · from the majority“general overall financial condition of an entity or individual”
2 later decisions quote this exact passage · from the majority“Section 523(a)(2)(A) provides that certain debts obtained by false pretenses, a false representation, or actual fraud are nondischargeable but excludes from its coverage “a statement respecting the debtor’s ... financial condition.” Section 523(a)(2)(B) provides that certain debts obtained by a false “statement in writing ... respecting the debtor’s financial condition” are nondischargeable. The Supreme Court has described these two subsections as “two close statutory companions barring discharge,” the first of which pertains to fraud “not going to financial condition” and the second of which pertains to “a materially false and intentionally deceptive written statement of financial condition upon which the creditor reasonably relied.””
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.