Joubert v. ABN AMRO Mortgage Group, Inc.’s Empirical Analysis

Citation profile

3 federal appellate · 1 district ·

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

1. “While it is true that the considerable discretion conferred on courts sitting in bankruptcy by § 105 is not unlimited, in that it is not a ‘roving commission to do equity,’ ... a court is well within its authority if it exercises its equitable powers to enforce a specific code provision ... Thus, § 105 does not itself create a private right of action, but a court may invoke § 105 ‘if the equitable remedy utilized is demonstrably necessary to preserve a right elsewhere provided in the Code.’ (citations omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. Brannan v. Wells Fargo Home Mortgage, Inc. (In re Brannan)

2. “Like substantive federal law itself, private rights of action to enforce federal law must be created by Congress, Statutory intent on this latter point is determinative. Without it, a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute. ‘Raising up causes of action where a statute has not created them may be a proper function for common-law courts, but not for federal tribunals.’”

   1 later decision quote this exact passage · from the majority
   e.g. Adkins v. Universal Federal Credit Union (In re Adkins)

3. “To the extent that an allowed secured claim is secured by property the value of which ... is greater than the amount of such claim, there shall be allowed to the holder of such claim, interest on such claim, and any reasonable fees, costs, or charges provided for under the agreement or State statute under which such claim arose.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Milbourne