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← 807 F.3d 701 - Brown v. Sommers

Brown v. Sommers’s Empirical Analysis

807 F.3d 701 · 2015

Citation profile

6
cited by 6 later decisions
December 2019
most recently cited

1 district ·

Relationships

Applies 11 U.S.C. § 103 · 11 U.S.C. § 1115 (§ 321 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 348 · 11 U.S.C. § 362 · 11 U.S.C. § 501 · 11 U.S.C. § 502 · 11 U.S.C. § 522 · 28 U.S.C. § 158

Relies on Gutierrez v. Collins · Stinson v. Williamson · Allison v. Roberts · Coury v. Prot · Delta Towers Ltd New Orleans Public Service Inc v. First Federal Savings and Loan Association of Warner Robins Georgia

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

  1. “Death or incompetency of the debtor shall not abate a liquidation case under chapter 7 of the Code. In such event the estate shall be administered and the case concluded in the same manner, so far as possible, as though the death or incompetency had not occurred. If a reorganization, family farmer’s debt adjustment, or individual’s debt adjustment case is pending under chapter 11, chapter 12, or chapter 13, the case may be dismissed; or if further administration is possible and in the best interest of the parties, the case may proceed and be concluded in the same manner, so far as possible, as though the death or incompetency had not occurred.”
    1 later decision quote this exact passage · from the majority
  2. “Zibman and Frost hold that, if a debtor is eligible for a state law exemption at the time he files bankruptcy, but the debtor fails to comply with the State’s requirements for remaining eligible for that exemption throughout the entirety of the bankruptcy case, then the debtor loses the exemption. Neither Zibman nor Frost holds that a debtor may become eligible for an exemption that was originally unavailable to him when circumstances change during the pendency of the bankruptcy.”
    1 later decision quote this exact passage · from the majority
  3. “debtor's eligibility for a state law exemption under § 522 is determined by the facts and law in existence on the [petition] date”
    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.