In Re Scheiber’s Empirical Analysis
1991
Citation profile
1 federal appellate ·
How this case has been cited
Cited by 26 later decisions — most recently October 2012 · most notably Groves Groves v. V, McCullough v. Brown (In Re Brown) (1993)
1 federal appellate ·
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
Applies 11 U.S.C. § 1122 · 11 U.S.C. § 1322 · 11 U.S.C. § 1325 · 11 U.S.C. § 1328 · 11 U.S.C. § 523 · 28 U.S.C. § 157
Relies on Hanson v. First Bank of South Dakota, N.A. · Leser Jj Mickelson v. J Leser K · In Re Storberg · In Re Davidson · Tome v. Baer (In Re Tome)
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) ... the plan may— (1) designate a class or classes of unsecured claims, ... but may not discriminate unfairly against any class so designated. ....”
2 later decisions quote this exact passagee.g. In Re Tucker · In Re Taylor“In Storberg, the strong public policy of ensuring the support of children was the major focus. The opinion cites to examples of statutory special treatment for child support obligations. Storberg, 91 B.R. at 117. Public policy ensuring repayment of student loans is not as significant. In this case, the debtors argue “the entire educational system in the United States hinges on student loan availability which in turn requires the repayment of student loans.” To the extent this is true, Congress has remedied the situation by amending 11 U.S.C. § 1328 . The fact that Congress amended § 1328(a)(2) to except from discharge educational loans as specified in 11 U.S.C. § 523 (a)(8) indicates that Congress Insists that debtors repay their student loans but this does not evidence a position as favored in public policy as are alimony and child support payments.”
1 later decision quote this exact passagee.g. In Re Beauchamp“Although the debtors believe that this would prevent them from receiving a “fresh start” the public policy behind paying 100% of the student loans is not sufficient enough to deprive the other unsecured creditors of the additional 46.5% they could receive under this plan.”
1 later decision quote this exact passagee.g. In Re Beauchamp
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.