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OpenJurist
← 342 BR 540 - In Re Tudor

In Re Tudor’s Empirical Analysis

2005

Citation profile

18
cited by 18 later decisions
April 2018
most recently cited

1 federal appellate ·

Relationships

Applies 11 U.S.C. § 1322 · 11 U.S.C. § 506 · 28 U.S.C. § 157

Relies on United States v. Ron Pair Enterprises, Inc. · United States v. Bass · National Labor Relations Board v. Bildisco & Bildisco · Norwest Bank Worthington v. Ahlers · United States National Bank v. Independent Insurance Agents of America, Inc.

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

  1. “if it is proposed in a plan to cure a default, the amount necessary to cure the default, shall be determined in accordance with the underlying agreement and applicable nonbankruptcy law.”
    2 later decisions quote this exact passage
  2. “... the Debtor has not cited — nor has the Court’s independent research revealed — any authority for the proposition that a mortgagee’s recovery of foreclosure costs is prohibited under Ohio law. In fact, the bankruptcy courts that have considered the issue have uniformly held that Ohio law permits “[a] mortgagee, as a general rule, ... [to recover] ... the costs of an action to foreclose.” Landrum, 267 B.R. at 583 n. 10 (citation omitted) (allowing foreclosure costs of $1,595.90). See also In re Roach, 285 B.R. 676 , 679 n. 3 (Bankr.S.D.Ohio 2002) (allowing foreclosure costs of $966.50) (citing Landrum, 267 B.R. at 582); In re Stand, [ 2005 WL 4041160 ] (Bankr. S.D.Ohio May 25, 2005)(“It has generally been understood that expenses, such as those associated with foreclosure actions, i.e., title report, court costs, and sheriffs fees, are proper.”) (citations omitted).”
    1 later decision quote this exact passage · from the dissent
  3. “First, as a threshold matter, the amount necessary to cure must be in accordance with the parties’ agreement. Second, the amount sought to be included must not otherwise be forbidden by applicable, non-bankruptcy law. Section 1322(e) does not provide for the inclusion of an item in an arrearage claim that would be permitted under applicable non-bankruptcy- law that was not included in the underlying agreement.”
    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.