In re Jimerson’s Empirical Analysis
2017
Citation profile
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 103 · 11 U.S.C. § 108 · 11 U.S.C. § 1322 · 11 U.S.C. § 366 · 11 U.S.C. § 506 · 11 U.S.C. § 521 · 11 U.S.C. § 541
Relies on Morton v. Mancari · Richards v. United States · Johnson v. Home State Bank · Pennsylvania Department of Public Welfare v. Davenport · Vanston Bondholders Protective Committee v. Green
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Conversely, if the barment notice has not been served when the bankruptcy case is commenced, a debtor almost certainly has the ability to exercise the redemption right by making payments over time in a Chapter 13 plan, since in those circumstances (i) there is no alleged conflict between 11 U.S.C. § 108 and 11 U.S.C. § 1322 (see infra), (ii) the right to redeem does not simply expire through the passage of time (see O.C.G.A, § 48-4-40)(requiring the sending of the barment notice and the expiration of a statutory time period to terminate the right) and (iii) the sending of the barment notice after the bankruptcy filing is prohibited by the automatic stay and may in appropriate circumstances remain stayed, such that the right never expires under state law.”
1 later decision quote this exact passagee.g. In re Alexander“Whenever any real property is sold under or by virtue of an execution [fi fa ] issued for the collection of state, county, municipal, or school taxes or for special assessments, the defendant in fi. fa. or any person having any right, title, or interest in, or lien upon such property may redeem the property from the sale by the payment of the amount required for redemption, as fixed and provided in Code Section 48-4-42: (1) at any time within 12 months from the date of the sale; and (2) At any time after the sale until the right to redeem is foreclosed by the giving of the notice provided for in Code Section 48-4-45.”
1 later decision quote this exact passagee.g. In re Alexander“The tax sale purchaser only holds an inchoate title to such property.... Like a lender, a tax [sale] purchaser’s title is subject to divestment if the delinquent taxpayer pays a certain amount, and until that right of redemption expires, the delinquent taxpayer retains all the remaining rights in the “bundle of rights,” including, inter alia, the right to possession, use, and proceeds.”
1 later decision quote this exact passagee.g. In re Alexander
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.