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← 721 F.2d 1052 - Harris v. Fort Oglethorpe State Bank

Harris v. Fort Oglethorpe State Bank’s Empirical Analysis

721 F.2d 1052 · 1983

Citation profile

12
cited by 12 later decisions
March 2017
most recently cited

1 federal appellate ·

How this case has been cited

Cited by 12 later decisions — most recently March 2017

1 federal appellate ·

401983199020002010decided

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. § 1301

Relies on In Re Harris · Harris v. Fort Oglethorpe State Bank

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

  1. “(c) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that— ****** (2) The plan filed by the debtor proposes not to pay such claim; or (3) Such creditor’s interest would be irreparably harmed by continuation of such stay.”
    2 later decisions quote this exact passage · from the majority
  2. “Under the terms of the agreement with the co-debtor who is not in bankruptcy, the creditor has a right to collect all payments to the extent they are not made by the debtor at the time they are due. To the extent to which a Chapter 13 plan does not propose to pay a creditor his claims, the creditor may obtain relief from the court from the automatic stay and collect such claims from the co-debtor. Conversely, a co-debtor obtains the benefit of any payments made to the creditor under the plan.”
    1 later decision quote this exact passage · from the majority
  3. “is to enable the consumer-debtor to propose a repayment plan without undue pressure to give preference to a debt involving a co-signer. Congress believed that if a creditor could automatically reach the assets of a co-signer, who is generally a close friend or a relative of the debtor, then the co-signer would induce the debtor to give preference to that debt. Such a preference could easily frustrate the ability of the debtor to submit an acceptable plan.”
    1 later decision quote this exact passage · from the majority
    e.g. In re Moy

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.