In Re Ezell’s Empirical Analysis
2006
Citation profile
7 federal appellate · 5 district ·
Relationships
Applies 11 U.S.C. § 102 · 11 U.S.C. § 1322 · 11 U.S.C. § 1325 · 11 U.S.C. § 501 · 11 U.S.C. § 502 · 11 U.S.C. § 506 · 28 U.S.C. § 157
Relies on United States v. Ron Pair Enterprises, Inc. · Associates Commercial Corp. v. Rash · International Trade Administration v. Rensselaer Polytechnic Institute · First Union Mortgage Corp. v. Eubanks (In Re Eubanks) · Valenti General Motors Acceptance Corporation v. J Valenti E
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Except as provided in subsection (b), the court shall confirm a plan if— (5) with respect to each allowed secured claim provided for by the plan— (A) the holder of such claim has accepted the plan; (B) (I) the plan provides that— (I) the holder of such claim retain the lien securing such claim until the earlier of— (aa) the payment of the underlying debt determined under nonbankrupt-cy law; or (bb) discharge under section 1328; and (II) if the case under this chapter is dismissed or converted without completion of the plan, such lien shall also be retained by such holder to the ex tent recognized by applicable non-bankruptcy law; (ii) the value, as of the effective date of the plan, of property to be distributed under the plan on account of such claim is not less than the allowed amount of such claim; and (in) if— (I) property to be distributed pursuant to this subsection is in the form of periodic payments, such payments shall be in equal monthly amounts; and (II) the holder of the claim is secured by personal property, the amount of such payments shall not be less than an amount sufficient to provide to the holder of such claim adequate protection during the period of the plan; or (C) the debtor surrenders the property securing such claim to such holder.”
4 later decisions quote this exact passagee.g. In Re Turkowitch · In Re Pool“For purposes of paragraph (5), section 506 shall not apply to a claim described in that paragraph if the creditor has a purchase money security interest securing the debt that is the subject of the claim, the debt was incurred within the 910-day (sic) preceding the date of the filing of the petition, and the collateral for that debt consists of a motor vehicle (as defined in section 30102 of title 49) acquired for the personal use of the debtor, or if collateral for that debt consists of any other thing of value, if the debt was incurred during the 1-year period preceding that filing.”
3 later decisions quote this exact passagee.g. In re Wright · In Re Brown“(5) with respect to each allowed secured claim provided for by the plan— (A) the holder of such claim has accepted the plan; [or] (B) the plan provides that (ii) the value, as of the effective date of the plan, of property to be distributed under the plan on account of such claim is not less than the allowed amount of such claim; ... [or] (C) the debtor surrenders the property securing such claim to such holder”
3 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.