In Re Van Bodegom Smith’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. “(A) the value of the property to be distributed under the plan on account of such claim is not less than the amount of such claim; or (B) the plan provides that all of the debtor’s projected disposable income to be received in the applicable commitment period beginning on the date that the first payment is due under the plan will be applied to make payments to unsecured creditors under the plan.”

   2 later decisions quote this exact passage
   e.g. In Re Rahman · In Re Gonzalez

2. “Other courts have reached the conclusion that the debtor’s Chapter 13 plan has the effect of creating a new contract between the debtor and the secured creditor. See, e.g., In re Nicholson, 70 B.R. 398, 400 (Bankr.D.Colo.1987) (“the plan itself has the effect of making a new agreement between the debtor and the creditor with a new obligation to be paid in the manner provided for by the terms of the plan”); In re Crittendon, No. 06-10322, 2006 WL 2547102 , at (Bankr.M.D.N.C. Sept. 1, 2006) (“The confirmed chapter 13 plan constitutes a new agreement between the debtor and the creditors and is controlling as to the payments to be made to creditors as well as to which of the creditors are secured creditors.”); In re Edmunds, 350 B.R. 636, 645 (Bankr.D.S.C.2006) (“a debtor’s plan represents a new contract with his creditors and therefore Debtors may only take a deduction [from the disposable income calculation] to the extent that Debtors are treating these creditors as secured creditors scheduled for payment by Debtors in their chapter 13 plans”); In re Spurgeon, 378 B.R. 197, 201 (Bankr.E.D.Tenn.2007) (“[C]on-firmation of the plan will change the facts relevant to the deduction. The amounts that would otherwise be due under the contract after the debtor filed the chapter 13 case will not be scheduled as contractually due to a secured creditor”).”

   1 later decision quote this exact passage
   e.g. In re Morrow

3. “Debtors’ Chapter 13 plan clearly states how the debtors plan to treat their mortgage creditors. The plan states that they will surrender the collateral. The plan does not make any provision for the debtors to make the mortgage payments. Indeed, on February 14, 2008, the court granted one of the mortgage creditors relief from the stay. It appears that, even absent confirmation of the debtors’ plan, there is now a new contractual arrangement between the debtors and the mortgage creditors, and there are no payments “scheduled as contractually due” under that contractual arrangement. Accordingly, because there are no mortgage payments “scheduled as contractually due” under the new arrangement, the debtors cannot deduct those mortgage payments from their current monthly income in the disposable income calculations.”

   1 later decision quote this exact passage
   e.g. In Re Suess