In Re William Wallace, Debtor. Mark Klemens v. William Wallace’s Empirical Analysis
840 F.2d 762 · 1988
Citation profile
8 federal appellate · 16 district ·
How this case has been cited
Cited by 132 later decisions — most recently September 2017 · most notably Palmer v. Levy (1991), Evans v. Dunston (In Re Dunston) (1992)
8 federal appellate · 16 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
Applies 11 U.S.C. § 523
Relies on Brown III v. Felsen · Massachusetts Mutual Life Insurance v. Russell · In re Disbarment of Gately · Spilman v. Harley · Simpson v. Shuler
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 132 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the issue to be precluded is the same as that involved in the prior state action, (2) the issue was actually litigated by the parties in the prior action, and (3) the state court’s determination of the issue was necessary to the resulting final and valid judgment.”
14 later decisions quote this exact passage · from the majority“[f]ederal law defines “embezzlement” under section 523(a)(4) as “the fraudulent appropriation of property by a person to whom such property has been entrusted or into whose hands it has lawfully come.” A creditor proves embezzlement by showing that he entrusted his property to the debtor, the debtor appropriated the property for a use other than that for which it was entrusted, and the circumstances indicate fraud.”
6 later decisions quote this exact passage · from the majority“[Collateral estoppel treats as final only those questions actually and necessarily decided in a prior suit. If, in the course of adjudicating a state-law question, a state court should determine factual issues using standards identical to those of § 17 [of the former Bankruptcy Act; similar to section 523 of the present Bankruptcy Code], then collateral estop-pel, in the absence of countervailing statutory policy, would bar relitigation of these issues in the bankruptcy court.”
3 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.