In Re Lewis Kidd’s Empirical Analysis
2003
Citation profile
1 district ·
Relationships
Relies on Anderson v. City of Bessemer City · Memphis Bank & Trust Co. v. Whitman · XL/Datacomp, Inc. v. Wilson · General Motors Acceptance Corp. v. Jones · Colegrove Cardinal Federal Savings Loan Association v. E Colegrove
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although the Bankruptcy Code nowhere uses the words 'cram down,' the term has come to denote the confirmation of a plan over the objection of a secured creditor.”); Wells Fargo Bank Northwest, N.A. v. Yett (In re Yett), 306 B.R. 287, 290-91 (9th Cir. BAP 2004) (”
2 later decisions quote this exact passage · from the majoritye.g. In Re Henry · In Re Cross“Hence, in Memphis Bank & Trust we concluded “that current market rates of interest would best approximate the present value of a secured claim.” Thus, payment of that amount and that amount alone satisfies the purpose of the cram down provisions. In fact, “[t]o permit a secured creditor to receive interest on his claim in an amount greater than the conventional market rates would allow the creditor to actually receive more than the allowed amount of his secured claim.””
1 later decision quote this exact passage · from the majority“(i) the plan provides that the holder of such [allowed secured] claim retain the lien securing such claim; and (ii) the value, as of the effective date of the plan, of property to be distributed under the plan on account of such [allowed secured] claim is not less than the allowed amount of such claim ....”
1 later decision quote this exact passage · from the majoritye.g. In Re Henry
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.