Klapp v. Landsman’s Empirical Analysis
706 F.2d 998 · 1983
Citation profile
9 federal appellate ·
How this case has been cited
Cited by 47 later decisions — most recently April 2017 · most notably Aleta Beaupied v. Amy Chang (1998), Riso
9 federal appellate ·
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 · 11 U.S.C. § 727
Relies on Buckley v. Valeo · Northern Pipeline Construction Co. v. Marathon Pipe Line Co. · Gleason v. Thaw · Houtman v. Mann · Northern Pipeline Construction Co. v. Marathon Pipe Line Co.
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 47 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— (10) that was or could have been listed or scheduled by the debtor in a prior case concerning the debtor under this title ... in which the debtor waived discharge, or was denied a discharge under section 727(a)(2), (3), (4), (5), (6), or (7) of this title[.]”
2 later decisions quote this exact passage · from the majority“The limits on the dischargeability of debts contained in section 523 should be construed strictly against creditors and in favor of debtors. E.g., Gleason v. Thaw, 236 U.S. 558, 562 , 35 S.Ct. 287, 289 , 59 L.Ed. 717 (1915) ("[I]n view of the well-known purposes of the [bankruptcy laws], exceptions to the operations of a discharge should be confined to those plainly expressed."); In re Houtman, 568 F.2d 651, 656 (9th Cir. 1978).”
1 later decision quote this exact passage · from the majority“By enacting Section 523(a)(9), Congress evinced an intent to deter the various sorts of debtor misconduct, such as dishonesty and uncooperativeness, that are described in Section 727(a) and listed in Section 523(a)(9). Denying discharge to debtors who were denied discharge in a prior proceeding for perpetrating such enumerated misdeeds is a deterrent within the policy of the statute.”
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.