In Re Coonce’s Empirical Analysis
1997
Citation profile
How this case has been cited
Cited by 16 later decisions — most recently December 2016
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. § 1122 · 11 U.S.C. § 1322 · 11 U.S.C. § 507 · 11 U.S.C. § 523 · 20 U.S.C. § 1071
Relies on Hanson v. First Bank of South Dakota, N.A. · McCullough v. Brown (In Re Brown) · McDonald v. Sperna (In Re Sperna) · In Re Storberg · In Re Chapman
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.
“Under the doctrine of inclusio unius exclusio alterius (the inclusion of one is the exclusion of another), § 1322, by specifically providing for co-signed consumer debts to be treated separately from other unsecured claims without regard to unfair discrimination, does not allow any other kinds of unsecured claims, including student loans, to be so treated unless such discrimination is fair.”
1 later decision quote this exact passage“Taken to its logical conclusion, such an interpretation would require that any designation or plan provision made pursuant to a subsection of § 1322(b) would be per se exempt from the “fair discrimination” requirement of § 1322(b)(1). Obviously, this was not Congress’ intent when it drafted § 1322(b).”
1 later decision quote this exact passage“(b) Subject to subsections (a) and (c) of this section, the plan may— (1) designate a class or classes of unsecured claims, as provided in section 1122 of this title, but may not discriminate unfairly against any class so designated ...”
1 later decision quote this exact passagee.g. In Re Colley
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.