In Re Meeks’s Empirical Analysis
1999
Citation profile
2 federal appellate · 1 district ·
How this case has been cited
Cited by 38 later decisions — most recently August 2020 · most notably Marcelino Barbosa, In Re: Sahnica Denise Nolan (2000)
2 federal appellate · 1 district ·
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. § 1325 · 11 U.S.C. § 1327 · 11 U.S.C. § 1329
Relies on Astoria Federal Savings & Loan Ass'n v. Solimino · In the Matter of Ronald J. Witkowski, Debtor-Appellant · Arnold v. Weast · In Re Jock · In Re Rimmer
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The better and more consistent interpretation of § 1329(a)(1) permits debtors to alter the amount of their payment on a claim to accelerate or reduce the rate at which a claim is paid. Coleman, 231 B.R. at 399. However, the modification of payment amounts cannot alter the allowed amount of the secured claim or eliminate the requirement in § 1325(a)(5) that the claim be paid in full. Id. Furthermore, § 1329(a) specifically excludes secured creditors from the list of parties who may move to modify a confirmed chapter 13 plan. A secured creditor cannot seek to modify a confirmed plan in any way. See Id. at 400; Banks, 161 B.R. at 378 . To allow the debtor to modify the amount of a secured claim while prohibiting a secured creditor from making the same request is inequitable and supports the conclusion that Congress did not intend for debtors to modify the amount of secured claims under § 1329(a). [[Image here]] The Debtors’ proposed modification is not permitted by § 1329(a). The Bankruptcy Code does not allow the Debtors’ to modify the amount of an allowed secured claim post-confirmation. To allow the Debtors’ to surrender their vehicle and reclassify GMAC’s deficiency as an unsecured claim would shift the loss resulting from the vehicle’s depreciation to GMAC. Such a result seems illogical when any appreciation post-confirmation would benefit the debtor and not the secured creditor. See e.g. Ford Motor Credit Company v. Stevens (In re Stevens), 130 F.3d 1027, 1030 (11th Cir.19”
1 later decision quote this exact passagee.g. In Re Evora“[T]he Debtors need not demonstrate a substantial, unanticipated change in circumstances in order to modify their confirmed chapter 13 plan. However, neither can Chapter 13 debtors simply modify their plans willy nilly.”
1 later decision quote this exact passagee.g. Marcelino Barbosa
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.