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← 425 F.3d 296 - Adkins v. Llc

Adkins v. Llc’s Empirical Analysis

Citation profile

38
cited by 38 later decisions
1
states following
January 2019
most recently cited

3 federal appellate · 4 district · 1 state decisions

Relationships

Relies on Associates Commercial Corp. v. Rash · Till v. SCS Credit Corp. · Colley v. National Bank of Texas · Wrenn v. Board of Directors · Colley v. National Bank

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

  1. “(a) At any time after confirmation of the plan but before completion of payments under such plan, the plan may be modified, upon request of the debtor, the trustee, or the holder of an allowed unsecured claim to— (1) increase or reduce the amount of payments on claims of a particular class provided for by the plan; (2) extend or reduce the time for such payments; (3) alter the amount of the distribution to a creditor whose claim is provided for by the plan to the extent necessary to take account of any payment of such claim other than under the plan ...”
    3 later decisions quote this exact passage · from the majority
  2. “[b]y guaranteeing creditors the payment of the entire amount deemed secured at the time of confirmation regardless of what the sale of collateral brings, the majority ■ eliminates any incentive for creditors who force a sale of collateral to take care to protect the value of the collateral throughout the repossession process. Applying Nolan to the facts in this case allows a creditor to shift the risk of loss totally to the debtor, thereby turning the debtor into a guarantor. Debtors, not creditors, will bear the costs of reckless or careless repossession agents hired by the creditors. 6 Id. at 307 .”
    2 later decisions quote this exact passage · from the dissent
  3. “[W]e find that there exists no provision in the Code applicable to this case that would allow a reclassification of the deficiency given the “binding effect” of the confirmed plan under 11 U.S.C. § 1327 .”
    2 later decisions quote this exact passage · from the majority

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.