In Re Carter’s Empirical Analysis
1988
Citation profile
2 district ·
How this case has been cited
Cited by 14 later decisions — most recently March 2016
2 district ·
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. § 706
Relies on Branding Iron Motel, Inc. v. Sandlian Equity, Inc. · First Bank of Catoosa v. Reid · Nimai Kumar Ghosh v. Financial Federal Savings & Loan Ass'n (In Re Nimai Kumar Ghosh) · In Re Trevino · In Re Bumpass
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Subsection (a) of this section gives the debtor [the] one[-time] absolute right of conversion of a liquidation case to a reorganization or individual repayment plan case. If the case has already once been converted from chapter 11 or 13 to chapter 7, then the debtor does not have that right. The policy of the provision is that the debtor should always be given the opportunity to repay his debts[, and a waiver of the right to convert a case is unenforceable]. Subsection (b) permits the court, on request of a party in interest and after notice and a hearing, to convert the case to chapter 11 at any time. The decision whether to convert is left in the sound discretion of the court, based on what will most inure to the benefit of all parties in interest. Subsection (c) is part of the prohibition .against involuntary chapter 13 cases, and prohibits the court from converting a case to chapter 13 without the debtor’s consent.”
1 later decision quote this exact passage · from the majoritye.g. Matter of Johnson
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.