In the Matter of Robert Oneal Bogstad, Debtor-Appellant’s Empirical Analysis
1985
Citation profile
3 federal appellate · 3 district ·
How this case has been cited
Cited by 118 later decisions — most recently September 2018 · most notably Cohn Insurance Company of North America v. Cohn (1995), Jordan v. Southeast National Bank (1991)
3 federal appellate · 3 district ·
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
Relies on New York Mercantile Exchange v. Leist · Northern Trust Co. v. Garman · Martin First Federated Life Insurance Co v. A Martin · Waterbury Community Federal Credit Union v. Magnusson (In Re Magnusson) · Heinold Commodities & Securities, Inc. v. Hunt (In Re Hunt)
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 118 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— (1) for a tax or a customs duty— (A) of a kind and for the periods specified in sections 507(a)(2) or 507(a)(7) of this title, whether or not a claim for such tax was filed or allowed; (B) with respect to which a return, if required— (i) was not filed; or (ii) was filed after the date on which such return was last due, under applicable law or under any extension, and after two years before the date of the filing of the petition [[Image here]] (7) to the extent that such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss, other than a tax penalty— (A) relating to a tax of a kind not specified in paragraph (1) of this subsection; or (B) imposed with respect to a transaction or event that occurred before three years before the date of the filing of the petition....”
8 later decisions quote this exact passage · from the majority“whether the lender would have made the loan had he known the debtor's true situation.”
6 later decisions quote this exact passage · from the majority“The question of the reasonableness of a creditor’s reliance may be highly dependent on the particular facts of the lending transaction. Courts should not, however, be eager to intrude into the business practices of lending institutions. Nonetheless, the conclusion of the district court in this case makes us uneasy. There seems to be a significant difference between the on-going business relationships which, we held in In re Garman, 643 F.2d 1252, 1257-59 (7th Cir.1980), ce rt. denied sub nom. Garman v. Northern Trust Co., 450 U.S. 910 , 101 S.Ct. 1347 , 67 L.Ed.2d 333 (1981), and In re Kreps, 700 F.2d 372, 376 (7th Cir.1981), can excuse a bank from verifying a financial statement and the absence of a “scarlet letter” on the breast of a loan applicant who is, basically a stranger to the lender ... We also note that neither Garman nor Kreps involved almost necessarily arguable estimates of land values. Here land values are central. Further, we believe that the purpose of excluding from discharge debts obtained by fraud is to protect lenders from dishonest debtors. But the requirement of “reasonable” reliance added to § 523(a)(2)(B)(iii) by the 1978 Code surely does not mean that a creditor may “assume the position of an ostrich with its head in the sand and ignore facts which were readily available to it.” In re Blatz, 37 B.R. 401, 404-05 (Bankr.E.D.Wis.1984) (quoting In re Yeiser, 2 B.R. 98, 101 (Bankr.M.D.Tenn.1979)). Here PCA undertook no independent verification of the prof”
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.