Witcher v. Early’s Empirical Analysis

Citation profile

3 federal appellate ·

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the totality of the circumstances ... of the debtor's financial situation demonstrates abuse.”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Smith · In re Trotta

2. “(b)(1) After notice and a hearing, the court ... may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtor’s consent, convert such a case to a case under chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter.... (3) In considering under paragraph (1) whether the granting of relief would be an abuse of the provisions of this chapter in a case in which the presumption in subparagraph (A)(1) of such paragraph does not arise or is rebutted, the court shall consider— (B) the totality of the circumstances (including whether the debtor seeks to reject a personal services contract and the financial need for such rejection as sought by the debtor) of the debtor's financial situation demonstrates abuse.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Jaramillo

3. “current version of § 707 is largely a product of [BAPCPA, which] .., made it harder to obtain chapter 7 relief by eliminating the ‘presumption in favor of granting the relief requested by the debtor’ that had existed in the previous version of § 707(b), adding a means test that created a presumption of abuse, and lowering the standard from ‘substantial abuse’ to ‘abuse.’”

   1 later decision quote this exact passage · from the majority
   e.g. Pollitzer v. Gebhardt