Booth’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 1 state decisions

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

1. “(1) After notice and a hearing, the court, on its own motion or on a motion by the United States Trustee ..., may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts or, with the debtor's consent, convert such a case to a case under chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter. (3) In considering under paragraph (1) whether the granting of relief would be an abuse of the provisions of this chapter in a case in which the presumption in subpara-graph (A)(i) of such paragraph does not arise or is rebutted, the court shall consider— (A) whether the debtor filed the petition in bad faith; or (B) [whether] the totality of the circumstances ... of the debtor's financial situation demonstrates abuse.”

   9 later decisions quote this exact passage · from the majority
   e.g. In re Durant · Price v. United States Trustee (In Re Price)

2. “debt incurred by an individual primarily for a personal, family, or household purpose.”

   7 later decisions quote this exact passage · from the majority
   e.g. In re Hardigan · Krondes v. O'boy, No. Cv 87 0090909s (Dec. 30, 1992)

3. “(T)he test for determining whether a debt should be classified as a business debt, rather than a debt acquired for personal, family or household purposes, is whether it was incurred with an eye towards profit.”

   4 later decisions quote this exact passage · from the majority
   e.g. In re Hardigan · Krondes v. O'boy, No. Cv 87 0090909s (Dec. 30, 1992)