In Re Diggs’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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

1. “Although the bank’s claim in Nobelman was partially secured by real property that was the debtor’s principal residence, Justice Thomas's analysis ties the protection from modification in § 1322(b)(2) to the existence of a "claim” secured by a lien on real property, without regard to whether the claim holder would also have an allowed secured claim after valuation and analysis under § 506(a). The clear implication of this analysis is that even a completely unsecured claim holder "secured” only by a lien on real property that is the debtor’s principal residence would be protected from modification by § 1322(b)(2), notwithstanding that such an "unsecured” lienholder could not have an allowable secured claim under § 506(a). Although the concept of an "unsecured secured claim” is impossible under § 506(a), Justice Thomas's focus on the "rights” of the “holders” of a “claim secured only by ...” in § 1322(b)(2) extends the protection from modification to claims that are secured by a lien on the debtor’s principal residence, without regard to the allowance or disallowance of secured claims under § 506(a). In other words, the trigger for Justice Thomas’s protection of rights analysis is the existence of a lien, not the presence of value to support the lien.”

   1 later decision quote this exact passage
   e.g. Bartee v. Tara Colony Homeowners Ass'n