White v. A D F’s Empirical Analysis

Citation profile

1 district · 1 state decisions

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

1. “The operative phrase in section 1325(a)(5)(C) does not end with the word “property” but continues with the words “to such holder,” making it plain that a debtor must at least tender possession or control of the collateral to the creditor, without regard to whether the creditor’s consent is a further condition. Merely telling the creditor where it can find the collateral is not a surrender “to such holder.””

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

2. “(i) the holder of such claim must accept the [Chapter 13] Plan, (ii) the Plan must provide that the holder of such claim retain the lien securing such claim and that the value of the property to be distributed under the Plan on account of such claim cannot be less than the allowed amount of such claim, or (iii) the debtor surrenders the property securing such claim to such holder.”

   1 later decision quote this exact passage · from the majority
   e.g. Green v. McKay

3. “At the most basic level, then, the word “surrender” means the relinquishment of all rights in property, including the possessory right, even if such relinquishment does not always require immediate physical delivery of property to another. 34”

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