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← 402 B.R. 111 - In Re Stuart

In Re Stuart’s Empirical Analysis

2009

Citation profile

11
cited by 11 later decisions
January 2019
most recently cited

Relationships

Applies 11 U.S.C. § 1322 · 11 U.S.C. § 1325 · 11 U.S.C. § 1327 · 11 U.S.C. § 362

Relies on Firestone Tire and Rubber Company v. Bruch · Rake v. Wade · Till v. SCS Credit Corp. · Mellon Bank, N.A. v. Aetna Business Credit, Inc. · Hutchison v. Sunbeam Coal Corp.

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

  1. “Where one party chooses the terms of a contract, he is likely to provide more carefully for the protection of his own interests than for those of the other party. He is also more likely than the other party to have reason to know of uncertainties of meaning. Indeed, he may leave meaning deliberately obscure, intending to decide at a later date what meaning to assert. In cases of doubt, therefore, so long as other factors are not decisive, there is substantial reason for preferring the meaning of the other party.”
    1 later decision quote this exact passage
  2. “The rule is not actually one of interpretation, because its application does not assist in determining the meaning that the two parties gave to the words, or even the meaning that a reasonable person would have assigned to the language used. It is chiefly a rule of policy, generally favoring the underdog. It directs the court to choose between two or more possible reasonable meanings on the basis of their legal operation, ie., whether they favor the drafter or the other party.”
    1 later decision quote this exact passage
  3. “[i]f a confirmed plan does not 'provide for' a secured claim, the holder of the claim ordinarily is entitled to obtain relief from the automatic stay for cause under 11 U.S.C. § 362 (d).”
    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.