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← 711 F.2d 152 - Greenberg v. Schools

Greenberg v. Schools’s Empirical Analysis

711 F.2d 152 · 1983

Citation profile

53
cited by 53 later decisions
October 2010
most recently cited

9 federal appellate · 3 district ·

How this case has been cited

Cited by 53 later decisions — most recently October 2010 · most notably Fuller v. Johannessen (1996), United States v. Spicer (1995)

9 federal appellate · 3 district ·

2801983199020002010decided

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

Relies on 28 F. Supp. 415 - Hartford Accident & Indemnity Co. v. Flanagan · Firemen's Fund Insurance v. Covino (In Re Covino) · Greenberg v. Schools · Landgraf v. Griffith

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

  1. “a debt which originates from the debtor's fraud should not be discharged simply because the debtor entered into a settlement agreement.”
    5 later decisions quote this exact passage · from the majority
  2. “(4) for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny; (Emphasis added).”
    5 later decisions quote this exact passage · from the majority
  3. “It is this Court’s considered judgment, however, that the approach taken by the Bankruptcy Court is overly restrictive and not justified by the language of the statute itself, and would permit the discharge of debts that Congress intended to survive bankruptcy. The interpretation urged by the appellee would allow a debtor to dis charge a debt incurred by his own fraud by simply entering into a settlement agreement prior to declaring bankruptcy. The debtor could even accept a substantially adverse settlement with the knowledge that its terms and conditions would be nullified by the subsequent petition in bankruptcy. Neither the statute, nor its legislative history, nor cases construing the reach of the statute, support this position.”
    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.