Brown v. Gore’s Empirical Analysis
742 F.3d 1309 · 2014
Citation profile
7 federal appellate ·
Relationships
Applies 11 U.S.C. § 1301 · 11 U.S.C. § 1325 · 11 U.S.C. § 701 · 11 U.S.C. § 727
Relies on Lamie v. United States Trustee · Jim Walter Homes, Inc. v. Saylors · Educational Credit Management Corp. v. Mosley · United States v. Devall · Sikes v. Crager
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"(1) the amount of the proposed payments and the amount of the debtors’ surplus; (2) the debtors’ employment history, ability to earn and likelihood of future increases in income; (3) the probable or expected duration of the plan; (4) the accuracy of the plan’s statement of the debts, expenses and percentage of repayment of unsecured debt and whether any inaccuracies are an attempt to mislead the court; (5) the extent of preferential treatment between classes of creditors; (6) the extent to which secured claims are modified; (7) the type of debt sought to be discharged and whether any such debt is non-dischargeable in Chapter 7; (8) the existence of special circumstances such as inordinate medical expenses; (9) the frequency with which the debtor has sought relief under the Bankruptcy Reform Act; (10) the motivation and sincerity of the debtor in seeking Chapter 13 relief; and (11) the burden which the plan's administration would place upon the trustee.””
5 later decisions quote this exact passage · from the majority“While Kitchens does not use this phrase, it basically adopts a 'totality of the circumstances' approach for determining good faith or lack thereof”
2 later decisions 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.