Case Citator › In re Black

In re Black

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Tenth Circuit
Citation
787 F.2d 503
Decided
Confirmed treatments
1
Flagged citations read
42 of 42
Citing cases (total)
42
Treatment dates
1991
Overruled in part
A reviewed court has overruled part of this case’s holding. In re Black was overruled in part on the burden of proof for bankruptcy discharge exceptions. Grogan v. Garner held that a creditor needs to prove an exception under 11 U.S.C. § 523(a) by a preponderance of the evidence, displacing Black's clear-and-convincing requirement.
More on how this was screened

Diamond v. Vickery (In re Vickery) later identified that change to Black's proof rule. Black's other holdings remain outside this ruling. All 42 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

42 later cases cite In re Black; 42 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on In re Black?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in Part

  • The Supreme Court displaced Black's requirement of clear-and-convincing proof for fraud-based discharge exceptions, holding that a preponderance of the evidence governs all exceptions in 11 U.S.C. § 523(a).

    Grogan v. Garner · Supreme Court of the United States · filed

    For these reasons, we hold that the standard of proof for the dischargeability exceptions in 11 U. S. C. § 523(a) is the ordinary preponderance-of-the-evidence standard.
    Read the full opinion on CourtListener →

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