In Re Nation’s Empirical Analysis
1999
Citation profile
1 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 1306 · 11 U.S.C. § 1325 · 28 U.S.C. § 1334
Relies on Hines v. Davidowitz · Fidelity Federal Savings and Loan Association v. D Cuesta · Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission · Midlantic National Bank v. New Jersey Department of Environmental Protection · Harshbarger v. Pees
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In addition to the clear language of the statute, most courts have perceived an inherent unfairness in a debtor paying himself by funding his own savings account, retirement plan, or pension fund while paying creditors only a fraction of them just claims. For these reasons the great majority of courts have held under Section 1325(b) that funds contributed to savings or pension plans constitute “disposable income” that must be paid to creditors under a plan if the plan is to be confirmed.”
2 later decisions quote this exact passage“[M]embers shall contribute three percent of annual wages to the retirement system in which they have membership. The head of each retirement system shall promulgate such regulations as may be necessary and appropriate with respect to the deduction of such contribution from members' wages and for the maintenance of any special fund or funds with respect to amounts so contributed.”
1 later decision quote this exact passage“Precisely the same statutory and equitable analysis applies to a debtor’s repayment to a savings or pension plan of money ‘borrowed’ from the plan”
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.