In Re Walker’s Empirical Analysis
1988
Citation profile
1 district ·
How this case has been cited
Cited by 13 later decisions — most recently October 2006
1 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. § 1141 · 11 U.S.C. § 1306 · 11 U.S.C. § 1327 · 11 U.S.C. § 349 · 11 U.S.C. § 362 · 11 U.S.C. § 541
Relies on Nash v. Kester · United States v. Redmond · In Re Clarke · Riddle v. Aneiro (In Re Aneiro) · In Re Westholt Manufacturing, 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Clarke relies on dictum in Root but misconstrues it as holding that all property of the estate, not just that used to fund the plan, remains property of the estate upon confirmation despite 11 U.S.C. Section 1327 (b). The Aneiro Court similarly misconstrues the Adams decision. Moreover, Clarke and Aneiro disregard numerous cases that have held that the estate ceases to exist in Chapter 11 cases upon confirmation of the plan pursuant to 11 U.S.C. Section 1141 (b), the exact analog of 11 U.S.C. Section 1327 (b). (Citations omitted.) Finally, Clarke and Aneiro assert that 11 U.S.C. Section 1306 , which spells out what is property of the estate in a Chapter 13 case, requires property of the estate to remain in the estate upon revest-ing in the debtor. The residence here is property of the estate by virtue of 11 U.S.C. Section 541 , which is incorporated by Section 1306.... However, sections 541 and 1306 do not purport to answer the question of when property of the estate ceases to be property of the estate. That question is resolved by resort to such provisions as Section 1327(b) (in the case of a confirmed plan) or 11 U.S.C. Section 349 (b)(3) (in the case of a dismissal).”
1 later decision quote this exact passagee.g. In Re Petruccelli“The debtor's plan and the order of confirmation did not provide for the residence to remain property of the estate to fund the plan. (Citations omitted.) Therefore, the residence, which had become property of the estate upon filing of the petition by the debtor, revested in debtor upon confirmation of the plan. See 11 U.S.C. Section 1327 (b). Accordingly, the residence is no longer property of the estate and the automatic stay does not apply.”
1 later decision quote this exact passagee.g. In Re Petruccelli
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.