Arnhold v. Kyrus’s Empirical Analysis
851 F.2d 738 · 1988
Citation profile
1 federal appellate · 1 district ·
How this case has been cited
Cited by 16 later decisions — most recently March 2009
1 federal appellate · 1 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. § 524
Relies on Little Creek Development Co. v. Commonwealth Mortgage Corp. · Deans v. O'Donnell · In Re Victory Const. Co., Inc. · In Re Air Conditioning, Inc. Of Stuart, Debtor. American Bank of Martin County, Douglass E. Wendel, Trustee v. Leasing Service Corporation · Matter of Grieshop
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In a case concerning an individual, when the court has determined whether to grant or not to grant a discharge under section 727, 1141, 1228, or 1328 of this title, the court may hold a hearing at which the debtor shall appear in person. At any such hearing, the court may inform the debtor that a discharge has been granted or the reason why a discharge has not been granted. If a discharge has been granted and if the debt- or desires to make an agreement of the kind specified in subsection (c) of this section, then the court shall hold a hearing at which the debtor shall appear in person and at such ■ hearing the court shall (1) inform the debtor— (A) that such an agreement is not required under this title, under nonbank-ruptcy law, or under any agreement not made in accordance with the provisions of subsection (c) of this section; and (B) of the legal effect and consequences of— (i) an agreement of the kind specified in subsection (c) of this section; and (ii) a default under such an agreement; (2) determine whether the agreement that the debtor desires to make complies with the requirements of subsection (c)(6) of this section, if the consideration for such agreement is based in whole or in part on a consumer debt that is not secured by real property of the debtor.”
1 later decision quote this exact passage · from the majority“(1) was made before the granting of the discharge; (2) the agreement contains a clear and conspicuous statement which advises the debtor that the agreement may be rescinded at any time prior to discharge or within sixty days after the agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim; (3) the agreement has been filed with the court and ... accompanied by a declaration or an affidavit of the [debtor’s attorney] ... which states that such agreement— (A) represents a fully informed and voluntary agreement by the debtor; and (B) does not impose an undue hardship on the debtor or a dependent of the debtor; (4) the debtor has not rescinded the agreement at any time prior to discharge or within sixty days after such agreement is filed with the court ...; (5) the provisions of subsection (d) of this section have been complied with.”
1 later decision quote this exact passage · from the majoritye.g. In Re Dabbs“An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargeable in a case under this title is enforceable only to any extent enforceable under applicable nonbankruptcy law, ... only if— (1) such agreement was made before the granting of the discharge under section 727 ... of this title[.]”
1 later decision quote this exact passage · from the majoritye.g. In Re Giglio
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.