In Re Smith’s Empirical Analysis
2012
Citation profile
Relationships
Applies 11 U.S.C. § 1325 · 11 U.S.C. § 362 · 11 U.S.C. § 502 · 11 U.S.C. § 506 · 28 U.S.C. § 1334
Relies on Steel Co. v. Citizens for a Better Environment · District of Columbia Court of Appeals v. Feldman · Rooker v. Fidelity Trust Co. · Great Western Mining & Mineral Co. v. Fox Rothschild LLP · 26 663 74447 Allegheny International Inc
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.
“after the entry of a foreclosure, the terms of a mortgage are merged into the foreclosure judgment and the mortgage no longer provides a basis for determining the respective rights and obligations of the parties. Because the foreclosure judgment constitutes a "new and higher" obligation, mortgage provisions relating to items such as the interest rate and the borrower's obligation to reimburse the lender for advances for taxes and insurance are superseded by the judgment and are no longer operative .”
1 later decision quote this exact passagee.g. In re Culler“[A] provision of a mortgage may survive the entry of judgment if the mortgage clearly evidences the parties' intent to preserve the effectiveness of that provision even after the entry of judgment.”
1 later decision quote this exact passagee.g. In re Culler
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.