In re Turner’s Empirical Analysis
574 F.3d 349 · 2009
Citation profile
9 federal appellate · 2 district ·
Relationships
Applies 11 U.S.C. § 1325 · 11 U.S.C. § 707 · 28 U.S.C. § 158
Relies on Bowles v. Russell · Torres v. Oakland Scavenger Co. · Smith v. Barry · In Re Hardacre · Comprehensive Accounting Corp. v. Pearson
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.
“Thus, a distinction can be drawn between a debtor’s “disposable income,” which is calculated solely on the basis of historical numbers and regional averages, and a. debtor’s “projected disposable income,” which necessarily contemplates a forward-looking number. Under this interpretation, bankruptcy courts will continue to have some discretion over the calculations of each individual debtor’s financial situation, with the result that the debtor’s “projected disposable income” will end up more closely aligning with reality. This interpretation also comports with the congressional intent that above-median debtors pay the maximum they can afford.... Accordingly, we adopt the view shared by many bankruptcy courts that a debt- or’s “disposable income” calculation ... is a starting point for determining the debtor’s “projected disposable income,” but that the final calculation can take into consideration changes that have occurred in the debtor’s financial circumstances as well as the debtor’s actual income and expenses....”
3 later decisions quote this exact passage · from the majority“[a] fixed debt that will disappear: the deduction of mortgage expense from the Chapter 13 debtor’s disposable income is not intended to enrich the debtor at the expense of his unsecured creditors. It is intended to adjust the respective rights of a secured creditor — the mortgagee — and the unsecured creditors. Turner wants to use a phantom deduction to reduce the recovery by his unsecured creditors without benefiting any other creditor.”
3 later decisions quote this exact passage · from the majority“balanc[ing] the need of the debtor to cover his living expenses against the interest of the unsecured creditors in recovering as much of what the debtor owes them as possible.”
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.