McVay v. Otero’s Empirical Analysis
2007
Citation profile
1 federal appellate · 2 district · 1 state decisions
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1322 · 11 U.S.C. § 1329 · 11 U.S.C. § 506 · 11 U.S.C. § 523 · 11 U.S.C. § 707 · 29 U.S.C. § 1108 (§ 408 of the Employee Retirement Income Security Act of 1974)
Relies on Lamie v. United States Trustee · Johnson v. Home State Bank · Pennsylvania Department of Public Welfare v. Davenport · Landreth Timber Co. v. Landreth · Sorenson v. Secretary of the Treasury
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“debt,” as it "created no right to repayment that the ERISA plan can assert against the debtor.... The ERISA Pension Plan could not sue the debtor for the unpaid loan because its remedy is to deduct the unpaid portion of the amount advanced from any benefits the debtor was to receive in the future. The obligation on the note is not a debt in that the debtor merely withdrew money from his own account....”); In re Jones, 138 B.R. 536, 537-38 (Bankr.S.D.Ohio 1991) (A debtor’s loan from his retirement plan did not create a "debt,”
1 later decision quote this exact passage · from the majority“A debtor whose borrowing is limited to his prior contributions is in essence borrowing his own money. But a debtor who borrows beyond that amount is effectively borrowing from other, plan participants, and the plan administrator in such a scenario will generally have a right to recover the unpaid balance. Only the latter scenario gives rise to a “debt.””
1 later decision quote this exact passage · from the majoritye.g. Bolen v. Adams“An allowed claim of a creditor secured by a lien on property in which the estate has an interest ... is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property, ... and is an unsecured claim to the extent that the value of such creditor’s interest ... is less than the amount of such allowed claim.”
1 later decision quote this exact passage · from the majoritye.g. In Re Robrock
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.