Stephenson v. Malloy’s Empirical Analysis

Citation profile

5 federal appellate · 4 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Initially, when Plaintiff-Intervenor filed for bankruptcy, she informed her bankruptcy attorney’s paralegal about the fair housing complaint that she filed. Although Marr failed to- understand what some of the technical terms in the bankruptcy schedules meant, such as “administrative proceedings, contingent claims, and unliquidated claims,” none of the terms were explained to her. She also described this confusion during her deposition for this case. Once Plaintiff-Intervenor was informed by her attorneys in the present case that she was obligated to list the claim in her bankruptcy petition, she hired a bankruptcy attorney. When that attorney did not take any action, she promptly employed new counsel, who helped reopen her bankruptcy case on December 1, 2015. The HUD complaint and the current proceeding were then listed. Subsequently, on April 7, 2016, Marr filed to substitute the Bankruptcy' Trustee as the real party in interest pursuant to Federal Rule of Civil Procedure 25. Defendant moved for summary judgment thirteen days later on April 20, 2016. All of these steps were taken before Defendant brought the issue to the Court’s attention.”

   1 later decision quote this exact passage · from the majority
   e.g. Cruse v. Sun Products Corp.

2. “[T]o support a finding of judicial estoppel, we must find that: (1) [the plaintiff-debtor] assumed a position that was contrary to the one that [he] asserted under oath in the bankruptcy proceedings; (2) the bankruptcy court adopted the contrary position either as a preliminary matter or as part of a final disposition; and (3) [the] omission did not result from mistake or inadvertence.”

   1 later decision quote this exact passage · from the majority
   e.g. 956 F. Supp. 2d 872 - Bone v. Taco Bell of America, LLC

3. “where the defense of judicial estoppel arises from a debtor's failure to disclose a claim in his bankruptcy filings and his subsequent pursuit of that claim, the trustee receives the asset free of this ... defense.”

   1 later decision quote this exact passage · from the majority
   e.g. Nicole Alward v. Emery Johnston, M.D. & a.