Public-domain · open source
OpenJurist
← 198 BR 298 - United States Postal Service v. Black (In Re Heath)

United States Postal Service v. Black (In Re Heath)’s Empirical Analysis

1996

Citation profile

11
cited by 11 later decisions
January 2006
most recently cited

1 federal appellate ·

Relationships

Applies 11 U.S.C. § 101 · 11 U.S.C. § 1302 · 11 U.S.C. § 1305 · 11 U.S.C. § 1322 · 11 U.S.C. § 1327 · 11 U.S.C. § 362 · 11 U.S.C. § 704 · 15 U.S.C. § 1601 (§ 102 of the Truth in Lending Act)

Relies on Withrow v. Williams · Sturman v. United States · Elscint, Inc. v. First Wisconsin Financial Corp. · In the Matter of Fedpak Systems, Incorporated, Debtor-Appellant · Chicago Rock Island and Pacific Railroad Company Sanborn Cooperative Grain Company

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

  1. “The positions of the various courts can essentially be divided along four theories: 1. The first line of cases holds that upon confirmation of a Chapter 13 plan, absent a contrary provision in the plan or order of confirmation, all property revests in the debtor and the estate terminates. Consequently, post-petition creditors are free to pursue these funds to satisfy post-petition debts. (citations omitted). 2. The second line of cases holds that wages earned by a debtor post-petition remain property of the estate and the automatic stay applies to fully protect these post-petition earnings. (citations omitted ). 3. The third line of cases holds that post-confirmation earnings which are not committed to funding the plan are not part of the estate. (citations omitted). 4. A fourth line of cases essentially holds that confirmation does not terminate the automatic stay, although the cases are not in agreement as to why or to what extent the stay continues to apply. (citations omitted).”
    1 later decision quote this exact passage
  2. “the debtor's income and other assets including accounts receivables [sic] remain estate property to the extent necessary to fulfill the plan.”
    1 later decision quote this exact passage
  3. “confirmation of a plan vests all of the property of the estate in the debtor”
    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.