In Re Johnson’s Empirical Analysis
1986
Citation profile
1 federal appellate · 1 district ·
How this case has been cited
Cited by 19 later decisions — most recently March 2009
1 federal appellate · 1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 11 U.S.C. § 1325 · 11 U.S.C. § 1327 · 11 U.S.C. § 361 · 11 U.S.C. § 362 · 11 U.S.C. § 506
Relies on Louisville Joint Stock Land Bank v. Radford · Case v. Los Angeles Lumber Products Co. · Consolidated Rock Products Co. v. Du Bois · Worthen Co Board of Com'rs of Street Improvement Dist No 513 of Little Rock Ark v. Kavanaugh · Crocker National Bank v. American Mariner Industries, Inc.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 362 applies to stay such foreclosure diming the pendency of the Chapter 13 case, but it ceases to apply at such time as the collateral is no longer property of the estate. 11 U.S.C. § 362 (c)(1). Unless the Chapter 13 plan provides otherwise (and the instant plan does not), confirmation of the plan serves to vest all of the property of the estate in the debtor. 11 U.S.C. § 1327 (b). While the property may remain subject to the lien of the secured party ( 11 U.S.C. § 1327 (e)), enforcement of the lien is no longer stayed by Section 362, and the “adequate protection” provisions of Section 362(d) are no longer applicable. Instead, at that point in time, the secured creditor’s rights and interests are defined strictly by the provisions of the plan. 63 B.R. 550 at 553 .”
1 later decision quote this exact passagee.g. In re Campbell“‘If a Chapter 13 plan fails to adequately protect a secured creditor from diminutions in collateral value by granting him additional security or payments, the plan no longer shields the debtor but arms him with a sword with which the debtor may rehabilitate his financial condition at the secured creditor’s expense.’”
1 later decision quote this exact passagee.g. In Re Disney
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.