Branigan v. Davis’s Empirical Analysis
716 F.3d 331 · 2013
Citation profile
6 federal appellate · 2 district ·
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. § 1325 · 11 U.S.C. § 1328 · 11 U.S.C. § 349 · 11 U.S.C. § 502 · 11 U.S.C. § 506 · 11 U.S.C. § 522
Relies on Dewsnup v. Timm · Johnson v. Home State Bank · Nobelman v. American Savings Bank · Mayo Foundation for Medical Education & Research v. United States · Milavetz, Gallop & Milavetz, P. A. v. United States
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An allowed claim of a creditor secured by a lien on property in which the estate has an interest ... is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property ... and is an unsecured claim to the extent that the value of such creditor’s interest ... is less than the amount of such allowed claim.”
3 later decisions quote this exact passage · from the majority“the Supreme Court has interpreted section 1322(b)(2) as precluding a “strip down” of a partially secured lien against a principal residence in Chapter 13. That is, a debtor may not reduce an underwater mortgage to the value of the principal residence because partially secured lienholders are “holders of secured claims” protected against lien modification. Nobelman v. Am. Sav. Bank, 508 U.S. 324, 331-32 , 113 S.Ct. 2106 , 124 L.Ed.2d 228 (1993). Nobel-man notwithstanding, however, courts have generally permitted a “strip off’ of completely valueless liens in Chapter 13 cases because, unlike the lienholder in Nobelman , holders of such liens are not “holders of secured claims” and, therefore, are not entitled to the protection of section 1322(b)(2).”
2 later decisions quote this exact passage · from the majority“modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor's principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims.”
2 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.