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← 174 B.R. 330 - In Re McKinney

In Re McKinney’s Empirical Analysis

1994

Citation profile

16
cited by 16 later decisions
1
states following
June 2015
most recently cited

2 state decisions

How this case has been cited

Cited by 16 later decisions — most recently June 2015

2 state decisions

80199420002010decided

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. § 362 · 28 U.S.C. § 157

Relies on Butner v. United States · United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. · Raphan v. United States · Nobelman v. American Savings Bank · BFP v. Resolution Trust Corporation

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

  1. “no difference exists between a debtor in default and a debtor whose mortgage has been foreclosed but who holds a right of redemption. And if a debtor in default may cure by reversing the effects of acceleration of his mortgage and maintaining payments pursuant to the terms of the original contract, so may a debtor whose mortgage has been foreclosed.”
    1 later decision quote this exact passage
  2. “[s]ection 1322 allows modifications only to the extent there exists something to modify[,] [o]nce the debtors' claim to title is extinguished at the foreclosure sale, § 1322(b) is no longer applicable.”
    1 later decision quote this exact passage
  3. “unsecured 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.