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← 484 B.R. 882 - In re Plummer

In re Plummer’s Empirical Analysis

2013

Citation profile

2
cited by 2 later decisions
July 2014
most recently cited

Relationships

Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1322 · 11 U.S.C. § 507 · 11 U.S.C. § 523 · 28 U.S.C. § 1334 · 28 U.S.C. § 157

Relies on Nobelman v. American Savings Bank · Ronald Bartee Ronald Bartee v. Tara Colony Homeowners Association Daniel E O'Connell · Tanner v. FirstPlus Financial, Inc. · State v. Koehler · 512 So. 2d 934 - BD. OF TRUSTEES OF INTERNAL IMP. TR. FUND v. Sand Key Assoc.

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

  1. “no matter the specific definitional category in which condominium assessment liens fall, there is no question but that an assessment lien is a charge against the condominium owner’s property to secure performance of the owner’s obligation to pay assessments. As such, condominium assessment liens squarely fall within the Bankruptcy Code’s definition of liens and are subject to the application of Bankruptcy Code section 506. To hold otherwise would be to give condominium associations a special status under the bankruptcy laws that is not set forth in the Bankruptcy Code.”
    1 later decision quote this exact passage
  2. “[T]he court concludes that a condominium association lien encumbering the debtor’s principal residence can be stripped off in a chapter 13 case where the amount of the first mortgage exceeds the value of the condominium. Of course, the power to strip off liens is limited to liens existing on the date of the petition. It does nothing to insulate a debtor who is a unit owner for liability for assessments that come due after the date of the petition that would otherwise be owed under Florida Statute 718.116(l)(a).”
    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.