In Re KING’s Empirical Analysis

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

1. ““Under this case by case approach, certain equitable factors must be considered in evaluating the reasonableness of a proposal under § 1322(b)(5). First of all, the debtors’ payment record must be considered. ... Secondly, the length of the ■ repayment period on the actual obligation should be considered. A proposal to cure covering a period of time shorter than three years cannot be considered a significant deviation from the parties bargain when it is contrasted with an original obligation having a lengthy repayment term.... Thirdly, the reason for the arrearage must be considered.... Fourthly, the nature of the property held as security for the debt, if any, must be taken into account. For example, the Court would view a proposal to cure involving realty purchased solely as a speculative investment different than an attempt to cure a default on a debtor’s principal residence.... And, finally, an inquiry should be made into whether the debtors are putting forth their best effort to cure the default.””

   1 later decision quote this exact passage
   e.g. In Re LaCrue