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← 383 BR 699 - In Re Anderson

In Re Anderson’s Empirical Analysis

2008

Citation profile

18
cited by 18 later decisions
September 2010
most recently cited

Relationships

Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1325 · 11 U.S.C. § 521 · 11 U.S.C. § 707 · 28 U.S.C. § 1334 · 28 U.S.C. § 157

Relies on Union Bank v. Wolas · In Re Jass · In Re Nockerts · In Re Harris · In Re Skaggs, Richard & Connie

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. “For purposes of this subsection, the “applicable commitment period” — (A) subject to subparagraph (B), shall be — (i) 3 years; or (ii) not less than 5 years, if the current monthly income of the debtor and the debtor’s spouse combined, when multiplied by 12, is not less than — (I) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner; (II) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or (III) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $575 per month for each individual in excess of 4; and (B) may be less than 3 or 5 years, whichever is applicable under subparagraph (A), but only if the plan provides for payment in full of all allowed unsecured claims over a shorter period.”
    1 later decision quote this exact passage
  2. “Pursuant to § 1325(b)(3), the expenses of § 707(b)(2) are used for above median family income Chapter 13 debtors. Accordingly, since the language of § 707(b)(2)(A)(iii)(I) is used to determine an above median family income debtor’s secured debt expense in Chapter 13, the court holds that contractually incurred secured debt scheduled on Schedule D relating to collateral being surrendered under a Chapter 13 plan may be deducted under § 707(b) (2) (A) (iii) (I) in calculating disposable income.”
    1 later decision quote this exact passage
  3. “applicable commitment period”— (A) subject to subparagraph (B), shall be— (ii) not less than 5 years, if the current monthly income of the debtor and the debt- or's spouse combined, when multiplied by 12, is not less than [the median family income] .... 11U.S.C. § 1325(b). 4 . Compare: (2) For purposes of this subsection, the term”
    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.