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← 167 B.R. 817 - In Re Cheeks

In Re Cheeks’s Empirical Analysis

1994

Citation profile

20
cited by 20 later decisions
April 2018
most recently cited

1 district ·

How this case has been cited

Cited by 20 later decisions — most recently April 2018

1 district ·

90199420002010decided

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. § 362 · 11 U.S.C. § 503

Relies on Toibb v. Radloff · Maritime Electric Co. v. United Jersey Bank · Commerzanstalt v. Telewide Systems, Inc. · In Re Sky Group International, Inc. · In Re Citadel Properties, Inc.

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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “As further consideration to induce Mortgagee [UCB] to enter into this agreement, Mortgagor [Debtor] agrees that in the event a proceeding under Title 11, either voluntary or involuntary, is commenced by or against Mortgagor, Mortgagor will not oppose or object to Mortgagee’s Motion for Relief from the Automatic Stay ( 11 U.S.C. § 362 ).”
    2 later decisions quote this exact passage
  2. ““Enforcement of a forbearance agreement does not in itself mean that in all bankruptcy cases where one exists, the automatic stay will be lifted. These agreements do not oust this Court’s Jurisdiction to hear objections to stay relief filed by other parties in interest. It simply means that this Court will give no weight to a Debtor’s objection as this conflicts with and is in derogation of the previous agreement.” “... [W]hen creditors and parties in interest entitled to notice on a motion to lift the stay do not object, the stay becomes lifted as though the motion is in default as the ‘objection’ of the debtor is meaningless and of no effect because of the forbearance agreement.””
    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.