In re Chambers’s Empirical Analysis
2001
Citation profile
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 108 · 11 U.S.C. § 522 · 28 U.S.C. § 1334 · 28 U.S.C. § 157
Relies on Aslanidis v. United States Lines, Inc. · Hunters Run Limited Partnership Miner Corporation v. Hunters Run Limited Partnership · Crysen/Montenay Energy Co. v. E & C Trading Ltd. (In Re Crysen/Montenay Energy Co.) · Glinka v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.) · Concrete Structures, Inc. v. Tidewater Crane & Rigging Co. (In Re Concrete Structures, Inc.)
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.
“No cases have addressed the issue of whether mechanics’ liens are statutory or judicial under West Virginia law. However, several jurisdictions with mechanic’s lien statutes similar to those of West Virginia have concluded that mechanics’ liens are statutory liens. See, e.g., Concrete Structures, 261 B.R. at 631; In re APC Constr. Inc., 132 B.R. 690, 693 (D.Vt.1991); In re Ramsey, 89 B.R. 680 (Bankr.S.D.Ohio 1988); In re Wisner, 77 B.R. 395 (Bankr.N.D.N.Y. 1987); In re Piambino, 45 B.R. 243 (Bankr.S.D.Fla.1984). This Court finds, with respect to West Virginia law, in accord with those jurisdictions. West Virginia Code section 38-2-7 refers to mechanics’ liens as liens “created and authorized” by Chapter 38. Under the Bankruptcy Code, “a judicial lien arises only by virtue of judicial proceedings in the absence of which there would not be such a lien. The statutory lien by definition arises without any judicial proceeding.” 2 Collier on Bankruptcy § 101.53. In West Virginia, the mechanics’ liens arise and are created by the force of statute, and are merely enforced through judicial proceedings. Therefore, since a mechanic’s lien under West Virginia law is a statutory lien, the Court finds that the Debtor may not avoid the lien of 84 Lumber under § 522(f).”
1 later decision quote this exact passagee.g. In re Cunningham“The definition [of a statutory lien] excludes judicial liens and security interests, whether or not they are provided for or are dependent on a statute, and whether or not they are made fully effective by statute. A statutory lien is only one that arises automatically, and is not based on an agreement to give a lien or on judicial action. Mechanics’, mate-rialmens’, and wharehousemens’ liens are examples.”
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.