In Re Service’s Empirical Analysis
1993
Citation profile
How this case has been cited
Cited by 17 later decisions — most recently June 2015
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. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1325 · 28 U.S.C. § 151 (Bankruptcy Amendments) · 28 U.S.C. § 157
Relies on In Re Rimmer · In Re Robertson · In Re Williams
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Code nowhere defines or elaborates on the meaning of “surrender” as it is used in Chapter 13. However, in explaining the distinction between “abandonment” and “surrender” under the Bankruptcy Code, one Court explained that surrender of collateral requires a mutual agreement between the parties. In re Robertson, 72 B.R. 2, 4 (Bankr.D.Colo.1985). In Robertson , noting the absence of authority discussing or defining the term “surrender,” the court looked to Black’s Law Dictionary and observed that “surrender” is “a contractual act and occurs as a result of the consent of both parties.” Id. See also, In re Williams, 70 B.R. 441, 443 (Bankr.D.Colo.1987) (citing with approval the Robertson definitions of abandonment and surrender); In re Rimmer, 143 B.R. 871, 876 (Bankr.W.D.Tenn.1992) (stating that a debtor could not surrender collateral in a confirmed plan absent consent of the secured creditor).”
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.