In Re Price’s Empirical Analysis
2007
Citation profile
2 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 1325 · 11 U.S.C. § 1326 · 11 U.S.C. § 362 · 11 U.S.C. § 506 · 11 U.S.C. § 521
Relies on Nobelman v. American Savings Bank · Keene Corp. v. United States · Cen-Pen Corp. v. Hanson · Piedmont Trust Bank v. Linkous · Deutchman v. Internal Revenue
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As used in subsection (a)(2), the definition of “purchase-money obligation,” the “price” of collateral or the “value given to enable” includes obligations for expenses incurred in connection with acquiring rights in the collateral, sales taxes, duties, finance charges, interest, freight charges, costs of storage in transit, demurrage, administrative charges, expenses of collection and enforcement, attorney’s fees, and other similar obligations.”
5 later decisions quote this exact passagee.g. In re Price · In Re MacOn“Providing a loan to refinance negative equity on a trade-in, which may be a convenient but unnecessary option for a consumer purchasing a replacement vehicle, is not value given to “enable” that consumer to acquire rights in or the use of the replacement collateral. The term “enable” refers to what it has always referred to, which is the value given to allow the debtor to pay, in whole or in part, the actual price of a new item of collateral being acquired, in these cases the replacement vehicles themselves .... 72”
1 later decision quote this exact passage“[N]either the money advanced to pay the cost of gap insurance nor the amount advanced to fund the negative equity related to the vehicle that was traded-in come within the definition of 'purchase money obligation,’ and thus cannot give rise to a purchase money security interest.”
1 later decision quote this exact passagee.g. GMAC v. Horne
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.