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← 260 BR 884 - In Re Thomas

In Re Thomas’s Empirical Analysis

2001

Citation profile

2
cited by 2 later decisions
March 2006
most recently cited

Relationships

Applies 11 U.S.C. § 502 · 11 U.S.C. § 506

Relies on Dewsnup v. Timm

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

  1. “If the collateral were to subsequently appreciate, then the debtor could keep such appreciation upon post-bankruptcy sale of the collateral, resulting in a windfall. (Citation omitted.) The Supreme Court in Dewsnwp found such a result in conflict with the established principle that liens should pass through bankruptcy unaffected. ... It would be impermissible, pursuant to Dewsnup , for the Court today to place a cap on the value of the IRS’ lien and therefore on its eventual collection from that perhaps far-off sale, leaving any appreciation between now and that date for Debtors to enjoy.”
    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.