In Re Dyer’s Empirical Analysis
1992
Citation profile
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1111 · 11 U.S.C. § 1322 · 11 U.S.C. § 1328 · 11 U.S.C. § 506 · 11 U.S.C. § 524 · 11 U.S.C. § 554 · 11 U.S.C. § 727
Relies on Dewsnup v. Timm · Johnson v. Home State Bank · Long v. Bullard · Frank and Arlene Wilson v. Commonwealth Mortgage Corporation · Hougland v. Lomas & Nettleton Co.
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In light of the Dewsnup decision, three approaches have perhaps developed concerning the creditor that only has a lien on the debtor’s principal residence. One approach permits the bifurcation of the creditor’s claim into a secured and unsecured claim, but prohibits the avoidance of the lien if the debtor does not propose to pay off the entire secured claim in the reorganization plan. In re Zeigler, 1992 WL 50006 (Bankr.E.D.Pa.1992); In re Taras, 136 B.R. 941 (Bankr.E.D.Pa.1992). Another approach is to follow strictly Section 1322(b)(2) (and utilize Dewsnup as further support therefor), prohibit bifurcation of the creditors’ [sic] claim, and prohibit any avoidance of the creditor’s lien. In re Davidoff, 136 B.R. 567 (Bankr.M.D.Fla.1992); In re Ireland, 137 B.R. 65 (Bankr.M.D.Fla.1992). Finally, a third approach is to permit bifurcation of the claim and avoidance of the lien as to the unsecured portion of the indebtedness. At least one Court may have so ruled in dicta. In re Bellamy, 22 BCD 1476, 962 F.2d 176 (2d Cir.1992).”
1 later decision quote this exact passage“(b) Subject to subsections (a) and (c) of this section, the plan may— (5) notwithstanding paragraph (2) of this subsection, provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the date on which the final payment under the plan is due.”
1 later decision quote this exact passage
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.