In Re Perez’s Empirical Analysis
2006
Citation profile
1 federal appellate ·
How this case has been cited
Cited by 33 later decisions — most recently May 2024 · most notably In Re Orawsky (2008), Perez v. Peake (2007)
1 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 11 U.S.C. § 103 · 11 U.S.C. § 105 · 11 U.S.C. § 1303 · 11 U.S.C. § 1322 · 11 U.S.C. § 1324 · 11 U.S.C. § 1326 · 11 U.S.C. § 322 · 11 U.S.C. § 361
Relies on Norwest Bank Worthington v. Ahlers · Pegram v. Herdrich · Nobelman v. American Savings Bank · Rake v. Wade · Simmons v. Savell
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“• (a) in order for consumer debtors to successfully reorganize, they need to be shielded from all their creditors so that they can focus on generating maximum income to pay the trustee; • (b) in order for creditors to timely receive payments on their claims without having to spend undue time and expense, they need to avoid having to deal extensively with troubled borrowers and their attorneys; and • (c) the trustee serves as a buffer between debtors and creditors by assuming the responsibility for receiving payments from debtors and remitting funds to claim holders.”
1 later decision quote this exact passagee.g. In re Hernandez“Amounts received by the holder of the ongoing mortgage prior to confirmation must be applied by the holder to the next payment due without penalty of the terms of the note; or the holder must notify the trustee in writing that it waives all late charges that accrue after the order for relief in this case. Amounts received by the holder of the ongoing mortgage after confirmation must be applied in accordance with the plan.”
1 later decision quote this exact passagee.g. Perez v. Peake“[a]dequate protection payments to real estate lien holders are not payments made under a proposed plan”
1 later decision 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.