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← 6 BR 876 - In Re Heard

In Re Heard’s Empirical Analysis

1980

Citation profile

32
cited by 32 later decisions
1
states following
May 1997
most recently cited

1 federal appellate · 1 district · 1 state decisions

Relationships

Applies 11 U.S.C. § 1325 · 11 U.S.C. § 506 · 11 U.S.C. § 522 · 11 U.S.C. § 727

Relies on In Re Iacovoni · Tenney v. Terry · In Re Beaver · Cleveland Trust Co. v. Keckler (In Re Keckler) · In Re Burrell

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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““(9) the debtor has been granted a discharge under section 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least— (A) 100 percent of the allowed unsecured claims in such case; or (B)(i) 70 percent of such claims; and (ii) the plan was proposed by the debtor in good faith, and was the debtor’s best effort;”
    1 later decision quote this exact passage
  2. “"it certainly imposes a legal duty of performance more demanding than mere competence or due diligence. In the view of economists, it means maximizing the contractual benefits of the person to whom the duty is owed, even if the benefits to the one owing the duty have been depleted. Said a slightly different way, if the duty of best effort is owed, it must be performed even at a loss."”
    1 later decision quote this exact passage
  3. “If the ancient admonition de minimis non curat lex retains its vitality, we will intone it one further time. To propose to this Court that there is a distinction between a Chapter 7 liquidation plan and a Chapter 13 “one percent plan” is to propose a distinction without a difference, which is an intellectual artifice....”
    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.