In Re Bialac’s Empirical Analysis
1982
Citation profile
1 federal appellate ·
Relationships
Applies 11 U.S.C. § 105 · 11 U.S.C. § 362 · 11 U.S.C. § 541
Relies on Simon v. Eastern Kentucky Welfare Rights Organization · Bank of the Commonwealth v. Bevan · Greiner v. Wilke · Moratzka v. Lanesboro State Bank (In Re Johnson) · Harsh Investment Corp. v. Bialac (In Re Bialac)
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions .... The automatic stay also provides creditor protection. Without it, certain creditors would be able to pursue their own remedies against the debtor’s property. Those who acted first would obtain payment of the claims in preference to and to the detriment of other creditors. Bankruptcy is designed to provide an orderly liquidation procedure under which all creditors are treated equally.”
1 later decision quote this exact passage“At any time before the secured party has disposed of collateral ... the debtor or any other secured party may unless otherwise agreed in writing after default redeem the collateral by tendering fulfillment of all obligations secured by the collateral as well as the expenses reasonably incurred by the secured party in retaking, holding and preparing the collateral for disposition....”
1 later decision quote this exact passagee.g. Bialac v. Bialac
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.