In Re Simpkins’s Empirical Analysis
1982
Citation profile
4 federal appellate · 5 district ·
How this case has been cited
Cited by 79 later decisions — most recently July 2008 · most notably Seidel v. Larson (1985), Colegrove Cardinal Federal Savings Loan Association v. E Colegrove
4 federal appellate · 5 district ·
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. § 1322 · 11 U.S.C. § 1325 · 11 U.S.C. § 1327 · 11 U.S.C. § 1328 · 11 U.S.C. § 361 · 11 U.S.C. § 362 · 11 U.S.C. § 506
Relies on United Companies Financial Corp. v. Brantley · Hallenbeck v. Penn Mutual Life Insurance · In Re Klein · Di Pierro v. Cullen (In Re Taddeo) · General Motors Acceptance Corp. v. Lum (In Re Lum)
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Obviously, § 506(b) does not affect the right to receive the regular payments [under the mortgage]. The court believes it does not affect the right to recover the other charges, costs, interest after maturity on defaulted payments, and attorney's fees provided for by the contract. If the main purpose of § 1322(b)(2) is to preserve payment rights, then it should also preserve these. Section 506 does not determine the right to payment, but only whether the claim is secured or unsecured. Chapter 13 may require full payment of some unsecured claims.”
4 later decisions quote this exact passage“Clause (4) is new and confers limited authority to deal with claims secured by a lien on the debtor’s residence and long-term claims which cannot be paid under the plan. The authority given to cure defaults by provisions in the plan is in addition to the authority to cure defaults given to the trustee by § 4-102(a). This clause does not authorize reduction of the size or varying of the time of installment payments nor, except in instances where the last payment on a claim secured by a lien on the debtor’s residence is due during the term of the plan, is it contemplated that the claim would be fully paid off under the plan. Any unpaid balance would not be covered by a discharge granted pursuant to § 7-207. But, while the debtor is operating under the plan, he may be able to employ the authorization given under this clause to preserve his equity in his home and keep current on long-term debt by provisions in the plan for curing defaults and maintaining payments....”
1 later decision quote this exact passagee.g. In Re Carr“neither the present value test of section 1325(a)(5) nor the best interests of creditors test of section 1325(a)(4) is applicable where a default is cured pursuant to section 1322(b)(5). The present value tests compensate creditors whose rights have been modified by reductions in payments, interest charges or the total amount due; where a default is cured, however, the creditor’s rights are not modified. Since the contract terms remain in force (except for the injunction against foreclosure) the time value of money is irrelevant. The creditor receives the interest, charges and costs to which it is entitled under the contract and applicable nonbankruptcy law.”
1 later decision quote this exact passagee.g. In re Capps
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.