Litton v. S’s Empirical Analysis

Citation profile

4 district · 1 state decisions

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

1. “The bankruptcy courts have consistently interpreted the no-modification provision of § 1322(b)(2) to prohibit any fundamental alteration in a debtor’s obligations, e.g., lowering monthly payments, converting a variable interest rate to a fixed interest rate, or extending the repayment term of a note. See, e.g., In re Schum, 112 B.R. 159, 161-62 (Bankr.N.D.Tex.1990) (concluding that plan was impermissible modification because it proposed to reduce monthly payments and secured valuation). In In re Gwinn, 34 B.R. 936, 944-45 (Bankr.S.D.Ohio 1983), the court approved a plan as a permissible cure under § 1322(b)(5), because the plan did not propose to lower monthly payments, extend the repayment period, or make the obligation conditional. It instead sought only to reinstate the original contract with a minor delay in payment. Id.; see also In re Cooper, 98 B.R. 294 (Bankr.W.D.Mich.1989) (finding impermissible modification where plan proposed new payment schedule). Along similar lines, another bankruptcy court concluded that confirmation of a Chapter 13 plan would have constituted an impermissible modification because the plan proposed to alter fundamental aspects of the debtor’s obligations, i.e., the nature and rate of interest, and the maturity features of the loan. In re Coffey, 52 B.R. 54, 55 (Bankr.D.N.H.1985). As these decisions have emphasized, § 1322(b)(2) prohibits modifications that would alter at least one fundamental aspect of a claim.”

   1 later decision quote this exact passage · from the majority
   e.g. Greenpoint Mortgage Funding, Inc. v. Herrera (In Re Herrera)

2. “Under Chapter 13 of the Bankruptcy Code, individuals with regular income may petition a bankruptcy court for bankruptcy protection and for reorganization of their debts. After a Chapter 13 petition has been filed, all claims against the petitioning debtor’s assets are automatically stayed. See 11 U.S.C. § 362 (a). A trustee, appointed by the government, oversees the administration of the debtor’s assets, or the “bankruptcy estate.” See id. § 704. After filing a Chapter 13 bankruptcy petition, a debt- or must propose a “plan of reorganization,” which is scrutinized both by the bankruptcy court and by the parties-in-interest, i.e., the debtor’s creditors and the bankruptcy trustee, in a confirmation hearing. See id. § 1324. At the confirmation hearing, the parties-in-interest are entitled to object to the court’s confirmation of the proposed plan. Id. If the proposed plan is confirmed by the bankruptcy court, and if the debtor complies with the plan’s terms, the debtor obtains a discharge of his debts.”

   1 later decision quote this exact passage · from the majority
   e.g. Prologo v. Flagstar Bank, Fsb

3. “The 2000 Petition was filed on November 21, 2000, when the Littons’ only default, under the terms of the 2000 Order, was their failure to make the Initial Payment. By providing for terms of payment virtually identical to those required by the 2000 Order, the Plan simply sought to return the 2000 Order to its pre-default condition, [citation omitted]. It proposed that Mrs. Litton pay all arrearages and maintain all payments during the life of the Plan.... Under these circumstances, the Plan does not propose a “modification” of the 2000 Order. Rather, evaluated by its express terms, under the foregoing authorities, and by its proposed treatment of the 2000 Order, the Plan constitutes a “cure” under the Bankruptcy Code, in that it seeks to restore the “status quo ante.” [citation omitted]”

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