In Re Eccleston’s Empirical Analysis
1986
Citation profile
How this case has been cited
Cited by 22 later decisions — most recently July 2018
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
Relies on Ackermann v. United States · Klapprott v. United States · The State of Pennsylvania v. The Wheeling and Belmont Bridge Company et al. · Briney v. Burley · Briney v. Burley (In Re Burley)
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To begin, assuming the present motion for consideration of the reaffirmation agreement had been timely made prior to Debtor’s discharge, such would have to have been made by the Debtor himself. Neither Code § 524(c), nor Fed.R. Bankr.P. 4004 provide for or imply that a creditor may apply to the Court for reaffirmation of the debt. As noted by Bankruptcy Judge Pearson: Simply put, to permit creditors to make application for reaffirmations would contravene the intent of Congress and permit in many instances the very acts which the Congress sought to condemn. It would be irony, indeed, if creditors could make application for reaffirmations which in and of itself could very well be coerced and noncon-sensual. Peoples Bank of Pound v. Newsome (In re Newsome), 3 B.R. 626, 629 (Bankr.W.D.Va.1980). The Bank has not explained why disregard of this fundamental public policy is any more appropriate at this juncture than it would have been prior to Debtor’s discharge.”
1 later decision quote this exact passage“[Rule 4004(c) ] takes cognizance of § 524(c) of the Code which authorizes a debtor to enter into enforceable reaffirmation agreements only prior to entry of the order of discharge. Immediate entry of that order after expiration of the time fixed for filing complaints objecting to discharge may render it more difficult for a debtor to settle pending litigation to determine the dischargeability of a debt and execute a reaffirmation agreement as part of a settlement.”
1 later decision quote this exact passagee.g. In Re Whitmer“a debtor seeking relief under Fed. R. Bankr. P. 9024 (Fed. R. Civ. P. 60(b) ) must show 'extraordinary' circumstances which prevented relief through usual channels.”
1 later decision quote this exact passagee.g. In re Judson
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.