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← 253 B.R. 312 - In Re Belyea

In Re Belyea’s Empirical Analysis

1999

Citation profile

4
cited by 4 later decisions
July 2018
most recently cited

Relationships

Applies 11 U.S.C. § 1303 · 11 U.S.C. § 363 · 28 U.S.C. § 157

Relies on Thinking Machines Corporation Thinking Machines Corporation v. Mellon Financial Services Corporation · Discenza v. MacDonald (In Re MacDonald) · Garner v. Strauss · Denman v. Squire · Provencher v. Berman

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

  1. “the trustee may sell both the estate's interest, under subsection (b) or (c) of this section, and the interest of any co-owner in property in which the debtor had, at the time of the commencement of the case, an undivided interest as a tenant in common, joint tenant, or tenant by the entirety, only if- (1) partition in kind of such property among the estate and such co-owners is impracticable; (2) sale of the estate's undivided interest in such property would realize significantly less for the estate than sale of such property free of the interests of such co-owners; (3) the benefit to the estate of a sale of such property free of the interests of co-owners outweighs the detriment, if any, to such co-owners; and (4) such property is not used in the production, transmission, or distribution, for sale, of electric energy or of natural or synthetic gas for heat, light, or power.”
    1 later decision quote this exact passage
    e.g. In re Guy
  2. “a Chapter 13 debtor may utilize section 363(h) because pursuant to section 1303 a Chapter 13 debtor has the power of the Chapter 13 trustee under section 363(b) and section 363(h) specifically incorporates section 363(b) by reference.”
    1 later decision quote this exact passage
    e.g. In re Guy

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.