Davis Davis v. J Davis’s Empirical Analysis
Citation profile
4 district ·
How this case has been cited
Cited by 37 later decisions — most recently February 2017 · most notably Equitable Bank v. Miller (1994), Martin v. Bajgar (1997)
4 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
Relies on First Beverly Bank v. Adeeb · County of Oneida v. Oneida Indian Nation of New York State · Fitzpatrick v. Internal Revenue Service · Farmers Bank v. McCloud (In Re McCloud) · Turton v. Jones
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Congress certainly was capable of drafting a statute which would deny a discharge only when assets were fraudulently transferred and remained transferred at the time of filing of bankruptcy proceedings, but it did not. We are a court and not a legislative body; therefore, we are not free to create by interpretation an exception in a statute which is plain on its face.””
4 later decisions quote this exact passage · from the majority“It is not uncommon for an uncounseled or poorly counseled debtor faced with mounting debts and pressure from creditors to attempt to protect his property by transferring it to others. Upon later reflection or upon obtaining advice from experienced bankruptcy counsel, the debtor may realize that his original transfer of the property was a mistake. If the debtor is informed that his mistake bars him from a discharge in bankruptcy, he will have no incentive to attempt to recover the property or reveal its existence to his creditors. Rather, he will have a strong incentive to continue to hide his assets.”
1 later decision quote this exact passage · from the majority“) who transferred a one-half interest in his home to his wife. See id. at 561. Upon the advice of a bankruptcy lawyer, Davis re-transferred the property. The day following recordation of the deed formalizing this retransfer, and less than one year after the initial transfer, Davis filed for bankruptcy protection under Chapter 7. Despite the fact that Davis disclosed the existence of the fraudulent transfers, a creditor filed an adversary proceeding to deny discharge under Section 727(a)(2)(A). 18 Like Bajgar, Davis argued that”
1 later decision quote this exact passage · from the majoritye.g. Martin v. Bajgar
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.