In the Matter of John A. Danielson, Debtor-Appellant’s Empirical Analysis

Citation profile

5 federal appellate · 1 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a creditor fails to file a proof of claim on or before the first date set for the meeting of creditors called pursuant to § 341(a) of the Code, the debtor or trustee may do so in the name of the creditor, within 30 days after expiration of the time for filing claims prescribed by Rule 3002(c) or 3003(c), whichever is applicable. * * *”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Johnson · In Re McLaughlin

2. “[Fjailure to consult the clerk’s list of claims is not “excusable” neglect. Inattention to the ease, unwarranted assumptions about what creditors will do, and the like are common. Treating them as “excusable” neglect would destroy the timing rules by converting every delay into its own reason for an extension. “Excusable neglect” is a common term in rules of procedure, and we regularly hold that sloth, ignorance, and other negligence does not qualify. (Citations omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Byrne

3. “[t]he drafters chose “may” rather than “must” to avoid any implication that a debtor must file a proof of claim on behalf of a creditor. “May file within ...” means that the person need not file, but must act within the time specified if he elects to file.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Griffin Trading Co.