In Re Hagendorfer’s Empirical Analysis
1984
Citation profile
Relationships
Applies 11 U.S.C. § 362
Relies on Bankers Life Insurance v. Alyucan Interstate Corp. (In Re Alyucan Interstate Corp.) · City National Bank v. San Clemente Estates (In Re San Clemente Estates) · Sanders v. Tucker (In Re Tucker) · Diversified Mortgage Investors v. Lake Tahoe Land Co. (In Re Lake Tahoe Land Co.)
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.
“For the reasons set out by Bankruptcy Judge Mabey in the case of In re Alyucan Interstate Corp., 7 BCD 1123 [ 12 B.R. 803 ] (D.Utah-1981) this Court rejects the “equity cushion” theory, and adopts the position that “adequate protection”, as contained in Section 362(d)(1) is concerned with the value of the secured party’s interest in the property. That interest which must be adequately protected is measured by the value of the lien. The purpose of adequate protection is to guard against impairment of that lien during the hiatus between the filing of the petition in bankruptcy and the confirmation of the plan, or if the reorganization aborts, between the filing of the petition and dismissal of the proceeding. The value of the secured party’s lien, or interest, can be determined by comparing the amount of the debt, principal and accrued interest, any costs and expenses incurred in protecting that interest as allowed by the security instrument, and the increase or decline in the value of the property held as security. If the value of the lien has decreased following the filing of the petition in bankruptcy, the secured creditor is entitled to protection, even if there is sufficient equity to pay the indebtedness in full on foreclosure or liquidation.”
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.