Martin Martin v. A Martin’s Empirical Analysis

Citation profile

3 federal appellate · 6 district ·

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

1. “The debtor may convert a case under this chapter to a case under chapter 11, 12, or 13 of this title at any time, if the case has not been converted under section 1112, 1208, or 1307 of this title. Any waiver of the right to convert a case under this subsection is unenforceable.”

   18 later decisions quote this exact passage · from the majority
   e.g. In Re Pakuris · In Re Widdicombe

2. “Subsection (a) of this section gives the debtor one absolute right of conversion of a liquidation case to a reorganization or individual repayment plan case. If the case has already once been converted from chapter 11 or 13 to chapter 7, then the debtor does not have that right. The policy of the provision is that the debtor should always be given the opportunity to repay his debts.”

   7 later decisions quote this exact passage · from the majority
   e.g. Pequeno v. Schmidt · In Re Brown

3. “... a debtor’s right to convert under section 706(a) is, as indicated by the statute and its legislative history, an absolute one. The courts refuse to interfere with that right in the absence of extreme circumstances. Calder, 93 B.R. at 940. Because Martin does not allege facts which if true would provide an adequate ground to deny the debtor’s motion to convert, we agree with the district court’s conclusion that the bankruptcy court erred in denying the conversion,”

   5 later decisions quote this exact passage · from the majority
   e.g. Pequeno v. Schmidt · In Re Spencer