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← 747 F.2d 405 - In the Matter of Eugene Arthur Day, Debtor-Appellant

In the Matter of Eugene Arthur Day, Debtor-Appellant’s Empirical Analysis

1984

Citation profile

43
cited by 43 later decisions
September 2018
most recently cited

2 district ·

How this case has been cited

Cited by 43 later decisions — most recently September 2018 · most notably In Re: Arthur Lionel Scovis (2001), Matter of McGovern (1990)

2 district ·

1501984199020002010decided

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

Relies on In Re Ballard · DeKalb Bank v. Flaherty (In Re Flaherty) · In Re Bobroff · In Re Heyer

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

  1. ““These decisions avoid the temptation to raise form over substance and represent a common-sense solution to a statutory interpretation problem not considered by Congress. As cited in Ballard, supra, a contrary interpretation of section 109(e) could lead, at the limit, to the absurd situation where a prospective Chapter 13 debtor with $449,998 in unsecured debts creates a security interest for $349,999 in property with little or no value. If courts cannot look beyond the mere existence of documents creating such an interest, this maneuver produces secured debts of $349,999 and unsecured debts of $99,999 — amounts within section 109(e). Surely Congress did not intend for debtors to so easily circumvent the $100,000 limitation on unsecured debts in Chapter 13 proceedings.””
    6 later decisions quote this exact passage · from the majority
  2. “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 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.”
    4 later decisions quote this exact passage · from the majority
  3. “noncontingent, liquidated, unsecured debts”
    4 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.