In re Kramer’s Empirical Analysis
2013
Citation profile
1 district ·
Relationships
Applies 11 U.S.C. § 1325 · 11 U.S.C. § 707
Relies on Mayo Foundation for Medical Education & Research v. United States · Hamilton v. Lanning · Ransom v. FIA Card Services, N. A. · Hamilton v. Lanning · Morse v. Rudler
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whether the Trustee’s objection should be sustained turns on whether Debtors may deduct from their income their monthly mortgage payments to Bank of America under § Y07(b) (2) (A) (iii) (I) as incorporated by § 1325(b), notwithstanding the Debtors’ intent to treat Bank of America as an unsecured creditor under their plan. Given the interrelation of § 1325 and § 707, the question of whether the Debtors should be permitted to claim this deduction implicates two distinct inquiries. The first is whether the claimed deduction is allowable under the § 707 means test. The second is whether the claimed deduction, even if so allowable, should be excluded from the Debtors’ projected disposable income calculation under § 1325. This Court holds that although the Debtors’ deduction survives § 707 analysis, it must nevertheless be excluded under the forward-looking calculation of § 1325.”
1 later decision quote this exact passagee.g. Kramer v. Bankowski
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.