Davis v. C’s Empirical Analysis

Citation profile

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

1. “A Chapter 13 plan of confirmation has res judicata effect unless it is subsequently modified by a bankruptcy court order. See 11 U.S.C. §§ 1327 , 1329. The confirmation plan includes, inter alia, the claim amounts that will be paid to each creditor, therefore, the alteration of an amount to be distributed to a creditor is a modification of that plan. 11 U.S.C. § 1329 (a). Section 1329 sets forth the means by which a modification may be obtained and provides that the confirmation plan may be modified upon request by the trustee, debtor, or holder of an unsecured claim. Id. The “request” language of § 1329(a) presupposes that such request must be accepted or denied by order of the bankruptcy court. Absent bankruptcy court order of modification, the confirmation plan must be executed as originally approved. § 1327(a).. .[a]bsent a request by a proper party (i.e. the trustee) and consideration and approval by the bankruptcy court, the trustee’s modification of the Plan was invalid.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Jafary