East v. Brown’s Empirical Analysis

Citation profile

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

1. “In applying this single standard for all areas of indebtedness, the following elements will be considered, any indication of which, if found, will preclude the granting of waiver: [[Image here]] (2) Bad faith. This term generally describes unfair or deceptive dealing by one who seeks to gain thereby at another’s expense. Thus, a debtor’s conduct in connection with a debt arising from participation in a VA benefits/services program exhibits bad faith if such conduct, although not undertaken with actual fraudulent intent, is undertaken with intent to seek an unfair advantage, with knowledge of the likely consequences, and results in a loss to the government.”

   1 later decision quote this exact passage
   e.g. 9 Vet. App. 255 - Richards v. Brown

2. “With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the Secretary shall ... waive payment of an indebtedness to the Department by the veteran ... following default and loss of the property, where the Secretary determines that collection of such indebtedness would be against equity and good conscience.”

   1 later decision quote this exact passage
   e.g. 9 Vet. App. 255 - Richards v. Brown

3. “The recovery of any payment or the collection of any indebtedness ... may not be waived under this section if, in the Secretary’s opinion, there exists in connection with the claim for such waiver an indication of ... bad faith on the part of the person or persons having an interest in obtaining a waiver of such recovery....”

   1 later decision quote this exact passage
   e.g. 9 Vet. App. 255 - Richards v. Brown