Smith Commercial Federal Mortgage Corporation v. Smith P’s Empirical Analysis
85 F.3d 1555 · 1996
Citation profile
3 federal appellate · 3 district ·
How this case has been cited
Cited by 57 later decisions — most recently December 2017 · most notably Telfair v. First Union Mortgage Corp. (2000), Lewis Charles Hall Motors Inc v. Lewis (1998)
3 federal appellate · 3 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. § 1322
Relies on Raphan v. United States · Sloan v. Hicks · Zerman v. Melton · Ford v. Wainwright · Equitable Life Assurance Society v. Sublett
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(c) Notwithstanding subsection (b)(2) and applicable nonbankraptey law— (1) a default with respect to, or that gave rise to, a lien on the debtor’s principal residence may be cured under paragraph (3) or (5) of subsection (b) until such residence is sold at a foreclosure sale that is conducted in accordance with applicable nonbankruptcy law....”
7 later decisions quote this exact passage · from the majoritye.g. In Re Faulkner · In Re Rambo“It should be noted, however, that if we were to apply the amended version of section 1322, the foreclosure sale of [the debtor’s] property most likely would have cut off his ability to cure the default on his mortgage. See In re Sims, 185 B.R. 853, 867 (Bankr. N.D.Ala.1995) (holding that the amended section 1322(c)(1) unambiguously prohibits the debtor from reinstating the mortgage under a Chapter 13 plan where there has been a prepetition foreclosure sale).”
3 later decisions quote this exact passage · from the majority“(a) Except as provided in subsection (c) or (d) of this section, an entity, other than a custodian, in possession, custody, or control, during the case, of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to the trustee, and account for, such property or the value of such property, unless such property is of inconsequential value or benefit to the estate. § 541. Property of the estate. (a) The commencement of a case under section 301, 302 or 303 of this title creates an estate. Such estate is comprised of all the following property, wherever located an by whomever held: (1) [with exceptions which do not apply here] all legal or equitable interests of the debtor in property as of the commencement of the case.”
2 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.