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← 629 F.3d 136 - In re Rodriguez

In re Rodriguez’s Empirical Analysis

629 F.3d 136 · 2010

Citation profile

24
cited by 24 later decisions
1
cited 1 times by the Supreme Court
1
states following
August 2021
most recently cited

3 federal appellate · 2 district · 1 state decisions

Relationships

Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1322 · 11 U.S.C. § 362 · 12 U.S.C. § 2601 (Real Estate Settlement Procedures Act) · 12 U.S.C. § 2609 · 28 U.S.C. § 158

Relies on Morton v. Mancari · Johnson v. Home State Bank · Foucha v. Louisiana · Federal Communications Commission v. Nextwave Personal Communications Inc. · Avellino & Bienes v. M. Frenville 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (B) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.”
    2 later decisions quote this exact passage · from the majority
  2. “i. the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under ' this title, or to recover a claim against the debtor that arose before the commencement of the case ...; [[Image here]] ii. any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; [[Image here]] iii. any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case ....”
    1 later decision quote this exact passage · from the majority
  3. “the contingent nature of the right to payment does not change the fact that the right to payment exists, even if it is remote, and thereby constitutes a `claim' for purposes of § 101(5).”
    1 later decision 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.