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← 89 F.3d 424 - In the Matter of Malen A. Juzwiak, Debtor-Appellant

In the Matter of Malen A. Juzwiak, Debtor-Appellant’s Empirical Analysis

1996

Citation profile

152
cited by 152 later decisions
December 2018
most recently cited

3 federal appellate · 4 district ·

How this case has been cited

Cited by 152 later decisions — most recently December 2018 · most notably Scott v. E W R, Caneva v. Sun Communities Operating Ltd. Partnership (2008)

3 federal appellate · 4 district ·

780199620002010decided

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. § 727

Relies on Krueger v. United States · Meridian Bank v. Alten · In the Matter of Robert John Love, Debtor-Appellant · In re Underhill · Ellis 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 152 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “failed to keep or preserve any recorded information ... from which the debtor's financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the case.”
    24 later decisions quote this exact passage · from the majority
  2. “The debtor has the duty to maintain and retain comprehensible records.”
    7 later decisions quote this exact passage · from the majority
  3. “[A] discharge in bankruptcy is a privilege, not a right, and should only inure to the benefit of the honest debtor---- Section 727(a)(3) requires as a pre-condition to discharge that debtors produce records which provide creditors ‘with enough information to ascertain the debtor’s financial condition and track his financial dealings with substantial completeness and accuracy for a reasonable period past to present’ ____ The provision ensures that trustees and creditors will receive sufficient information to enable them to ‘trace the debtor’s financial history; to ascertain the debtor’s financial condition; and to reconstruct the debtor’s financial transactions’ .... [Cjourts and creditors should not be required to speculate as to the financial history or condition of the debtor, nor should they be compelled to reconstruct the debtor’s affairs.”
    6 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.