In re Plummer’s Empirical Analysis
2014
Citation profile
1 federal appellate · 1 state decisions
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 105 · 11 U.S.C. § 1325 · 11 U.S.C. § 330 · 11 U.S.C. § 362 · 11 U.S.C. § 521 · 11 U.S.C. § 524 · 11 U.S.C. § 542
Relies on Butner v. United States · Chambers v. Nasco, Inc. · Johnson v. Georgia Highway Express, Inc. · State v. Simpson · Sullivan v. Stroop
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although we know what surrender does not require — turnover of physical possession— the definition of "surrender” in § 521(a)(2) is still murky. The common element appears to require a debtor to relinquish his rights in the collateral. When a debtor states his intent to surrender collateral under § 521(a)(2)(A), he complies with that intention, for purposes of § 521(a)(2)(B), when he allows the secured creditor (or in rare cases the Chapter 7 trustee) to obtain possession by available legal means without interference. The debtor is not required to take any affirmative action to physically deliver the property. But the debtor cannot impede the creditor's efforts to take possession of its collateral by available legal means. If the debtor fails comply with his intention, courts have employed a variety of remedies, such as relief from stay, motions to compel compliance, and dismissal of the case under § 707(a).”
1 later decision quote this exact passagee.g. In re Failla“Actual damages are limited to reasonable attorney fees, costs, and lost wages the [d]ebtors incurred in enforcing their discharge.”
1 later decision quote this exact passagee.g. In re Deemer
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.