In Re Carol Jean BAKER, Debtor’s Empirical Analysis

Citation profile

2 federal appellate · 2 district ·

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

1. “We hold that a previous discharge in bankruptcy within six years of filing for Chapter 13 relief does not by itself automatically bar relief under Chapter 13 ... We observe initially that, though the Bankruptcy Reform Act bars Chapter 7 relief within six years after a discharge under Chapters 7, 11, or, in some circumstances, 13, it contains no comparable bar to Chapter 13 relief within six years after a previous discharge under either Chapter 7 or Chapter 13. See 11 U.S.C. §§ 727 (a)(8) and (9) and 103(b) ...”

   1 later decision quote this exact passage · from the majority
   e.g. Gayton v. Haney (In Re Gayton)

2. “[A] debtor’s having obtained a discharge within six years prior to filing for Chapter 13 relief does not by itself automatically bar the debtor’s Chapter 13 claim. Whether, in any individual case, a debtor’s Chapter 13 filing amounts to a disguised liquidation plan, brought under Chapter 13 only because section 727(a)(8) or (9) precludes the debtor from obtaining Chapter 7 relief, remains a question of fact for the determination of the bankruptcy court in each case.”

   1 later decision quote this exact passage · from the majority
   e.g. Matter of Strauss