In Re Collier’s Empirical Analysis
2004
Citation profile
1 district ·
Relationships
Applies 11 U.S.C. § 341 · 11 U.S.C. § 502
Relies on Mullane v. Central Hanover Bank & Trust Co. · Pioneer Investment Services Company v. Brunswick Associates Limited Partnership · Logan v. Zimmerman Brush Co. · Mennonite Board of Missions v. Adams · Tulsa Professional Collection Services, Inc. v. Pope
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Federal Rule of Bankruptcy Procedure 3002(c) mandates that, subject to express exceptions, a proof of claim in a Chapter 13 case must be filed within 90 days after the first date set for the Section 341 meeting of creditors. The Bankruptcy Appellate Panel of the First Circuit held in In re Aboody that “excusable neglect” is not a valid basis to allow proofs of claim beyond the Rule 3002(c) time restrictions in Chapter 13 cases. 223 B.R. 36 (1st Cir. BAP 1998). Inherent in the strict time restrictions of Rule 3002(c), however, is the assumption that a creditor has received notice. In re Roberts, 98 B.R. 664, 666 (Bankr.D.Vt. 1989). While Aboody provides shelter for the Chapter 13 debtor, the debtor may not take advantage of such shelter at the expense of creditors’ due process rights.”
1 later decision quote this exact passagee.g. In re Washington
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.