Zimmer v. PSB Lending Corp.’s Empirical Analysis
313 F.3d 1220 · 2002
Citation profile
7 federal appellate · 4 district ·
Relationships
Relies on Conley v. Gibson · Nobelman v. American Savings Bank · Grubbs v. Houston First American Savings Ass'n · in Re: Stephen McDonald · Ronald Bartee Ronald Bartee v. Tara Colony Homeowners Association Daniel E O'Connell
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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) An allowed claim of a creditor secured by a lien on property in which the estate has an interest ... is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property ... and is an unsecured claim to the extent that the value of such creditor’s interest ... is less than the amount of such allowed claim.”
11 later decisions quote this exact passage“(2) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence ....”
8 later decisions quote this exact passage“Section 506(a) divides creditors’ claims into “secured claims” and “unsecured claims.” Although the conventional interpretation of “secured” might include any claim in which the creditor has a security interest in the debtor’s property, § 506(a) makes clear that the status of a claim depends on the valuation of the property ... To put it more simply, a claim such as a mortgage is not a “secured claim” to the extent that it exceeds the value of the property that secures it. Under the Bankruptcy Code, “secured claim” is thus a term of art; not every claim that is secured by a lien on property will be considered a “secured claim.” Here, it is plain that PSB Lending’s claim for the repayment of its loan is an unsecured claim, because its deed of trust is junior to the first deed of trust, and the value of the loan secured by the first deed of trust is greater than the value of the house.”
2 later decisions 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.