In re Price’s Empirical Analysis
562 F.3d 618 · 2009
Citation profile
13 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 1325 · 11 U.S.C. § 365 · 11 U.S.C. § 506 · 11 U.S.C. § 522
Relies on Butner v. United States · Smith v. United States · Gustafson v. Alloyd Co. · Associates Commercial Corp. v. Rash · Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he “price” of collateral or the “value given to enable” includes obligations for expenses incurred in connection with acquiring rights in the collateral, sales taxes, duties, finance charges, interest, freight charges, costs of storage in transit, demurrage, administrative charges, expenses of collection and enforcement, attorney’s fees, and other similar obligations. The concept of “purchase-money security interest” requires a close nexus between the acquisition of collateral and the secured obligation.”
5 later decisions quote this exact passage · from the majority““For purposes of paragraph (5) [§ 1325(a)(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 debt- or[.]””
3 later decisions quote this exact passage · from the majority“(1) “Purchase-money collateral” means goods or software that secures a purchase-money obligation incurred with respect to that collateral; and (2) “purchase-money obligation” means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used.”
3 later decisions quote this exact passage · from the majority
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.