In Re Raphael’s Empirical Analysis
1999
Citation profile
1 district ·
How this case has been cited
Cited by 13 later decisions — most recently December 2017
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. § 105 · 11 U.S.C. § 106 · 11 U.S.C. § 1324 · 11 U.S.C. § 1328 · 11 U.S.C. § 523 · 28 U.S.C. § 1257 · 28 U.S.C. § 2283
Relies on Ex Parte: Edward T Young · Edelman v. Jordan · Pennhurst State School and Hospital v. Halderman · Seminole Tribe of Florida v. Florida · Quern v. Jordan
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] bankruptcy court does not have the power to relieve a party of all of the burdens that were created by nonpayment of debt. The filing of bankruptcy does not necessarily cure the collateral consequences that were created by the debt, such as restoration of a license that was validly suspended prior to the filing of bankruptcy due to Debtor’s pre-petition conduct. In addition, such a result would operate to undo a penal step taken by the State, namely the revocation of a drivers license, as well as interfere in the State’s control over automobile licensing. This Court finds no authority in the Bankruptcy Code that indicates that the creation or approval of a payment plan may operate to lift the suspension of a license that was revoked pre-petition. Accordingly, this Court holds that the approval of a Chapter 13 plan does not carry with it the authority to restore a Debtor’s drivers license when such license was suspended pre-petition and the state has taken no action post-bankruptcy to compel payment. Therefore, the Bankruptcy Court improperly ordered the municipal court to lift Rafael’s (sic) license suspension.”
1 later decision quote this exact passage · from the majoritye.g. In Re Brown“A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.”
1 later decision quote this exact passage · from the majoritye.g. In Re Brown
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.