In Re Tashjian’s Empirical Analysis
1987
Citation profile
How this case has been cited
Cited by 41 later decisions — most recently April 2016 · most notably In Re Crompton (1987), In Re Gulph Woods Corp. (1988)
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. § 1307 · 11 U.S.C. § 362 · 11 U.S.C. § 366 · 11 U.S.C. § 522 · 11 U.S.C. § 545
Relies on Welcker v. United States · Johnson v. Righetti · In Re Jablonski · In Re Clark · In Re Stranahan Gear Company, 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... determination of whether a secured lender received ‘adequate protection’ from a debtor requires an analysis of all of the relevant facts, with a particular focus upon the value of the collateral, the likelihood that it will depreciate or appreciate over time, the prospects for a successful reorganization ... and the Debtor’s performance in accordance with the plan, (cite omitted) While, of course, the last element requires some analysis of the Debtor’s payment performance, this element should not, as the Association apparently suggests, be isolated from the other elements and utilized alone as a basis to deprive a debtor of one of the most valuable tools with which the bankruptcy filing equips him or her.”
1 later decision quote this exact passagee.g. In Re Reice“we believe that determination of whether a secured lender received “adequate protection” from a debtor requires an analysis of all of the relevant facts, with a particular focus upon the value of the collateral, the likelihood that it will depreciate or appreciate over time, the prospects for successful reorganization of the Debtor’s affairs by means of the Plan, and the Debtor’s performance in accordance with the Plan.”
1 later decision quote this exact passage“To the extent that an allowed secured claim is secured by property the value of which, after any recovery under subsection (c) of this section, is greater than the amount of such claim, there shall be allowed to the holder of such claim, interest on such claim, and any reasonable fees, costs, or charges provided for under the agreement under which such claim arose.”
1 later decision quote this exact passagee.g. In Re Smith
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.