Public-domain · open source
OpenJurist
← 177 BR 704 - In Re Vann

In Re Vann’s Empirical Analysis

1995

Citation profile

2
cited by 2 later decisions
May 2001
most recently cited

Relationships

Applies 11 U.S.C. § 522 · 28 U.S.C. § 1334

Relies on United States v. Ron Pair Enterprises, Inc. · United States v. Whiting Pools, Inc. · Griffin v. Oceanic Contractors, Inc. · Owen v. Owen · Farrey v. Sanderfoot

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

  1. “[I]n order to create a possessory interest not avoidable by 11 U.S.C. § 522 (f)(2)(B), there must be an agreement between the parties that the secured party will possess the collateral and pursuant to that agreement the secured party must possess the collateral. Possession must be a function of the agreement. Possession may be by the original security agreement or by a subsequent agreement. Where the parties originally enter into a nonpossessory security agreement perfected by filing, a clause giving the secured party right to possess the collateral upon default does not render the security interest possessory within the meaning of 11 U.S.C. § 522 (f)(2)(B) where the secured party repossesses the equipment by self-help or by judicial action. 177 B.R. at 710 .”
    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.