Zolg v. Kelly’s Empirical Analysis
1988
Citation profile
80 federal appellate · 12 district · 3 state decisions
How this case has been cited
Cited by 374 later decisions — most recently May 2019 · most notably In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtor (1989), Green v. Staples (1991)
80 federal appellate · 12 district · 3 state decisions
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. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 102 · 11 U.S.C. § 1325 · 11 U.S.C. § 524 · 11 U.S.C. § 707 · 28 U.S.C. § 158 · 28 U.S.C. § 1912 · 28 U.S.C. § 1927
Relies on Mullane v. Central Hanover Bank & Trust Co. · Hoffman Estates v. Flipside, Hoffman Estates, Inc. · Vandygriff v. Phillips · In the Matters of Lee Roy Murchison and John Whites · Hannahville Indian Community v. United States
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 374 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he debtor’s ability to pay his debts when due as determined by his ability to fund a chapter 13 plan is the primary factor to be considered in determining whether granting relief would be substantial abuse_ We find this approach fully in keeping with Congress’s intent in enacting section 707(b).... This is not to say that inability to pay will shield a debtor from section 707(b) dismissal where bad faith is otherwise shown. But a finding that a debtor is able to pay his debts, standing alone, supports a conclusion of substantial abuse.”
30 later decisions quote this exact passage · from the majority“(b) After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, but not at the request or suggestion of any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts if it finds that the granting of relief would be a substantial abuse of the provisions of this chapter. There shall be a presumption in favor of granting the relief requested by the debtor.”
25 later decisions quote this exact passage · from the majority“debt incurred by an individual primarily for a personal, family, or household purpose.”
9 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.