In re Wright’s Empirical Analysis
492 F.3d 829 · 2007
Citation profile
14 federal appellate · 3 district ·
Relationships
Applies 11 U.S.C. § 1325 · 11 U.S.C. § 506 · 28 U.S.C. § 158
Relies on United States v. Ron Pair Enterprises, Inc. · Butner v. United States · Dewsnup v. Timm · Raleigh v. Illinois Department of Revenue · Associates Commercial Corp. v. Rash
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[f]or purposes of paragraph (5), section 506 shall not apply to a claim described in that paragraph if the creditor has a purchase money security interest securing the debt that is the subject of the claim, the debt was incurred within the 910-day [sic] preceding the date of the filing of the petition, and the collateral for that debt consists of a motor vehicle (as defined in section 30102 of title 49) acquired for the personal use of the debtor, or if collateral for that debt consists of any other thing of value, if the debt was incurred during the 1-year period preceding that filing.”
3 later decisions quote this exact passage“This line of argument makes the same basic mistake as the debtors’ position: it supposes that contracts and state law are irrelevant unless specifically implemented by the Bankruptcy Code. But-ner holds that the presumption runs the other way: rights under state law count in bankruptcy unless the Code says otherwise. Creditors don’t need [section] 506 to create, allow, or recognize security interests, which rest on contracts (and the UCC) rather than federal law. Section 502 tells bankruptcy courts to allow claims that stem from contractual debts; nothing in [section] 502 disfavors or curtails secured claims. Limitations, if any, depend on [section] 506, which the hanging paragraph makes inapplicable to purchase-money interests in personal motor vehicles granted during the 910 days preceding bankruptcy (and in other assets during the year before bankruptcy).”
2 later decisions quote this exact passage“For purposes of [§ 1325(a)(5), which describes the three circumstances in which a secured claim poses no obstacle for confirmation of a Chapter 13 plan], sec tion 506 shall not apply to a claim described in that paragraph if the creditor has a purchase money security interest securing the debt that is the subject of the claim, the debt was incurred within the 910-day [sic] preceding the date of the filing of the petition, and the collateral for that debt consists of a motor vehicle (as defined in section 30102 of title 49) acquired for the personal use of the debtor, or if collateral for that debt consists of any other thing of value, if the debt was incurred during the 1-year period preceding that filing.”
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.