Weber v. SEFCU’s Empirical Analysis
719 F.3d 72 · 2013
Citation profile
4 federal appellate · 4 district ·
Relationships
Applies 11 U.S.C. § 109 · 11 U.S.C. § 1303 · 11 U.S.C. § 1306 · 11 U.S.C. § 301 · 11 U.S.C. § 362 · 11 U.S.C. § 363 · 11 U.S.C. § 541 · 11 U.S.C. § 542
Relies on United States v. Whiting Pools, Inc. · Crysen/Montenay Energy Co. v. Esselen Associates, Inc. · Knaus v. Concordia Lumber Co. · Best Products Co Inc Resolution Trust Corporation Abq v. Best Products Co Inc · Lewis Charles Hall Motors Inc v. Lewis
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.
“In a Chapter 13 case, 11 U.S.C. §§ 1303 and 1304 generally confer on a debtor the rights of a trustee to use, sell, or lease property under 11 U.S.C. § 363 ... These provisions have been viewed as vesting a debtor with a trustee's rights under § 542(a) to obtain possession of property that the trustee 'may use, sell, or lease under § 363....'”
3 later decisions quote this exact passage · from the majority“Notwithstanding any other provision of this section, at any time, on request of an entity that has an interest in property used, sold, or leased ... by the trustee, the court, with or without a hearing, shall prohibit or condition such use, sale or lease as is necessary to provide adequate protection of such interest.”
1 later decision quote this exact passage · from the majoritye.g. In re Hall“A creditor willfully violates section 362 when it knows of the filing of the petition (and hence of the automatic stay), and has the general intent simply to perform the act found to violate section 362 ; no specific intent to violate section 362 is necessary.”
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.