In re Rosa’s Empirical Analysis
2014
Citation profile
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 102 · 11 U.S.C. § 109 · 11 U.S.C. § 1328 · 11 U.S.C. § 502 · 11 U.S.C. § 506 · 11 U.S.C. § 524 · 11 U.S.C. § 727
Relies on Dewsnup v. Timm · Johnson v. Home State Bank · In Re Hill · In Re Akram · In re Scantling
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The court respectfully disagrees with [the Gounder court's] attempt to impose liability on the Chapter 13 bankruptcy estate where none exists for the Chapter 13 debtor. Bankruptcy Code § 101(10) defines the term "creditor" as an entity "(A) ... that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor; (B) ... that has a claim against the estate of a kind specified in section 348(d), 502(f), 502(g), 502(h) or 502(I) of this title; or (C) ... that has a community claim." All the creditors at issue in Akram , Gounder , and herein fall squarely-and only-within § 101(10)(A). There is no language in § 506(a) which suggests otherwise. In other words, if these creditors do not have an allowable unsecured claim against the Chapter 13 debtor, they do not have an allowable unsecured claim that must be paid through the Chapter 13 plan. Moreover, Congress knows how to turn a nonrecourse claim into a recourse obligation (see § 1111(b)(1)), and no such text can be found in § 506(a)(1).”
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.