Schaper v. Derwinski’s Empirical Analysis
1991
Citation profile
Relationships
Applies 38 U.S.C. § 1803 · 38 U.S.C. § 1813 · 38 U.S.C. § 1816 · 38 U.S.C. § 1832 · 38 U.S.C. § 3102 · 38 U.S.C. § 5302 · 38 U.S.C. § 7104 · 38 U.S.C. § 7252
Relies on Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Burlington Truck Lines, Inc. v. United States · Service v. Dulles · International Paper Co. v. Whitson · 602 F. Supp. 722 - United States v. Whitney
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If any veteran disposes of residential property securing a guaranteed, insured, or direct housing loan obtained by the veteran under this chapter without receiving a release from liability with respect to such loan under subsection (a), and a default subsequently occurs which results in liability of the veteran to the Secretary on account of the loan, the Secretary may relieve the veteran of such liability if the Secretary determines, after such investigation as the Secretary deems appropriate, that the property was disposed of by the veteran in such a manner, and subject to such conditions, that the Secretary would have issued the veteran a release from liability under subsection (a) with respect to the loan if the veteran had made application therefor incident to such disposal. Failure of the transferee to assume by contract all of the liabilities of the original veteran-borrower shall bar such release of liability only in cases in which no acceptable transferee, either immediate or remote, is legally liable to the Secretary for the indebtedness of the original veteran-borrower arising from termination of the loan. The failure of a veteran to qualify for release from liability under this subsection does not preclude relief from being granted under [section] [5302(b) (formerly § 3102)] of this title, if eligible thereunder.”
1 later decision quote this exact passagee.g. Elkins v. Derwinski“(1)A transferee either immediate or remote is legally liable to the Secretary for the debt of the original veteran-borrower established after the termination of the loan, and (2) The original loan was current at the time such transferee acquired the property, and (3) The transferee who is liable to the Secretary is found to have been a satisfactory credit risk at the time [the transferee] acquired the property.”
1 later decision quote this exact passagee.g. Elkins v. Derwinski“With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the [Secretary] may waive payment of an indebtedness to the [Department of Veterans Affairs] by the veteran (as defined in sections 101 and 1801), or his spouse, following default and loss of the property, where the [Secretary] determines that collection of such indebtedness would be against equity and good conscience.”
1 later decision quote this exact passagee.g. Elkins v. Derwinski
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.