In Re Case’s Empirical Analysis

Citation profile

1 federal appellate · 3 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Except as otherwise provided in the plan or in the order confirming the plan, the trustee shall make all payments to creditors under the plan.”

   2 later decisions quote this exact passage
   e.g. Jutila v. Rodgers (In Re Jutila) · Foster v. Heitkamp

2. “The rationale behind this preference for disbursement under the plan through the trustee is readily apparent. It is primarily the trustee’s duty to insure that payments are made under the plan and to supervise execution of the plan. Therefore, a creditor should have the right to insure protection of its interests under the plan by refusing to deal further directly with the debtor with whom it may have experienced problems in the past. Rather, the creditor should be entitled to have the trustee more effectively exercise her supervisory duty by taking the responsibility of collecting and disbursing the payments to the creditor, leaving to the trustee the hassle of insuring the payments are being made and of bringing to the attention of the court when the payments are in arrears and the plan is not being carried out as confirmed. Similarly, if the trustee feels that she can more effectively fulfill her supervisory duty over the execution of the plan by having all payments made through her, in the absence of some convincing reason either business or otherwise to the contrary, she ought to be entitled to require payments to be made directly to her.”

   1 later decision quote this exact passage
   e.g. Jutila v. Rodgers (In Re Jutila)

3. ““In fact, the wording of Section 1325(a)(5) which deals only with secured claims ‘provided for by the plan’ would seem to anticipate that some secured claims would, in fact, not be handled pursuant to a plan... Likewise, however, the debtor would not be entitled to invoke the ‘cram down’ provisions of Section 1325(a)(5), but would be left either to pay the debt according to the original contract or to bargain with the creditor for such terms as the creditor is willing to accept... The trustee would have no duty to supervise the execution of this independent relationship, and the creditor concerned would be left on its own to work directly with the debtor.” 4”

   1 later decision quote this exact passage
   e.g. In Re Clay