In Re Breaux’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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The legislative history of section 506(a)(2) is limited and does not provide much guidance on the intended purpose of section 506(a)(2).”

   2 later decisions quote this exact passage
   e.g. 21st Mortg. Corp. v. Glenn (In re Glenn) · 21st Mortgage Corporation v. Kayla Glenn

2. “Some courts and commentators have based the right to amend claims on a court’s authority to reconsider claims under 11 U.S.C. § 502 (j). See, e.g., In re Lane, 374 B.R. 830, 837 (Bankr.D.Kan.2007); In re Disney, 386 B.R. 292, 302-303 (Bankr.D.Colo.2008); Keith M. Lundin, Chapter 13 Bankruptcy 3d Ed. at Section 284.1 (2000 & 2004 Supp.) (“Amendment might be included in the notion of ‘reconsideration’ of the allowance or disallowance of a claim under 11 U.S.C. Section 502 (j) and Bankruptcy Rule 3008.”).... Other courts base the right to amend proofs of claim on Rule 15 of the Federal Rules of Civil Procedure, which governs the amendment of pleadings. See, e.g., In re Unroe, 937 F.2d 346 (7th Cir.1991) (creditor could amend a claim if it satisfies the “relation back” test in Rule 15); United States v. Johnston, 267 B.R. 717, 721-722 (N.D.Tex.2001). While amended proofs of claim are freely allowed prior to the bar date, amendments after the bar date are more closely scrutinized to ensure that the amended claim is not an attempt to assert a new claim after the bar date. See Alliance Operating Corp., 60 F.3d at 1175 (“Bar dates ... are not to be vitiated by amendments, and the courts must ensure that the amendments do not introduce wholly new grounds of liability.”).”

   1 later decision quote this exact passage
   e.g. Brown v. Ameriquest Funding II, LLC (In Re Brown)

3. “Some courts have held that an amended proof of claim that seeks to assert an unsecured deficiency claim after the liquidation of the creditor’s collateral amounts to a new claim that cannot be asserted after the bar date. See, e.g., In re McBride, 337 B.R. 451, 460 (Bankr.N.D.N.Y.2006). Other courts, however, have held that a post-bar date amendment to assert an unsecured deficiency claim is permissible. See Delmonte 237 B.R. 132, 135 (Bankr.E.D.Tex.1999). In Delmonte , the court reasoned that the deficiency claim “relates to and arises out of the same transaction as the original claim.” Id. at 136 ; see also, Lundin, Chapter 13 Bankruptcy 3d Ed. at Section 284.1 (noting that “one common example for appropriate use of an amended claim in a chapter 13 case might be the claim for a deficiency when collateral is repossessed and disposed of after confirmation.”).”

   1 later decision quote this exact passage
   e.g. Brown v. Ameriquest Funding II, LLC (In Re Brown)