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← 2 B.R. 337 - In Re Beaver

In Re Beaver’s Empirical Analysis

1980

Citation profile

61
cited by 61 later decisions
August 2017
most recently cited

2 federal appellate · 4 district ·

How this case has been cited

Cited by 61 later decisions — most recently August 2017 · most notably Rimgale Ravenot v. S Rimgale, In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-Appellant (1984)

2 federal appellate · 4 district ·

5301980199020002010decided

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. § 1302 · 11 U.S.C. § 1325 · 11 U.S.C. § 1328 · 11 U.S.C. § 523 · 11 U.S.C. § 727

Relies on Kokoszka v. Belford

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

  1. “a fundamental fairness in dealing with one's creditors.”
    3 later decisions quote this exact passage
  2. “. “Thus, the standard in like instances under former practice was not reduced to a simple or mechanical formula. It allowed a broad inquiry into the facts of the case and demanded both a flexible and sensitive approach to protecting the interests at stake and the larger goals of the statute. This view also conforms with well settled principles of statutory construction. In this we must always be mindful that the interpretation of a statute should not hinge on an isolated clause or phrase in a particular section, but should consider the whole statute as well as the objects and policy behind its enactment. Kokoszka v. Belford, 417 U.S. 642, 650 , 94 S.Ct. 2431 , [2436,] 41 L.Ed.2d 374 (1973).””
    1 later decision quote this exact passage
  3. ““As in current law 100 percent payment plans will be encouraged by the limitation on availability of a subsequent discharge in section 727(a)(8). This kind of plan has provided great self-satisfaction and pride to those debtors who complete them and at the same time effect a maximum return to creditors ... It is also necessary to prevent Chapter 13 plans from turning into mere offers of composition plans under which payments will equal only the non-exempt assets of 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.