Trimble v. Trimble’s Empirical Analysis

Citation profile

6 federal appellate · 1 district ·

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

1. “An allowed claim of a creditor secured by a lien on property in which the estate has an interest ... is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property ... and is an unsecured claim to the extent that the value of such creditor’s interest ... is less than the amount of such allowed claim. [2] Such value shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property....”

   1 later decision quote this exact passage · from the majority
   e.g. In Re 203 North LaSalle Street Ltd. Partnership

2. ““If the first sentence of § 506(a) were interpreted to mean that the value must be fixed at the amount which the creditor would receive on foreclosure, then the last sentence of the statute which provides that the value should be determined in light of the purpose of the valuation and of the proposed disposition or use of the property, would be surplusage.” Id. (citing In re Courtright, 57 B.R. 495, 497 (Bankr.Or.1986)).”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Byington

3. “where a debtor intends to retain and use the collateral, the purpose of the valuation is to determine the amount an underse-cured creditor will be paid for the debtor’s continued possession and use of the collateral, not to determine the amount such creditor would receive if it hypothetically had to repossess and sell the collateral.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Maddox