In Re Brady’s Empirical Analysis
1988
Citation profile
3 federal appellate ·
How this case has been cited
Cited by 13 later decisions — most recently June 2009
3 federal appellate ·
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. § 1124 · 11 U.S.C. § 1322 · 11 U.S.C. § 1325 · 11 U.S.C. § 506 · 28 U.S.C. § 157
Relies on Colegrove Cardinal Federal Savings Loan Association v. E Colegrove · Foster Mortgage Corp. v. Terry · In re Capps · In Re Catlin
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.
“(a) Except as provided in subsection (b), the court shall confirm a plan if- (1) the plan complies with the provisions of this chapter [11 U.S.C. § § 1301 et seq.] and with the other applicable provisions of this title [ 11 U.S.C. §§ 101 etseq.]; (2) any fee, charge, or amount required under chapter 123 of title 28 [ 28 U.S.C. §§ 1911 et seq.], or by the plan, to be paid before confirmation, has been paid; (3) the plan has been proposed in good faith and not by any means forbidden by law; (4) the value, as of the effective date of the plan, of property to be distributed under the plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title [ 11 U.S.C. §§ 701 et seq.] on such date; (5) with respect to each allowed secured claim provided for by the plan - (A) the holder of such claim has accepted the plan; (B) (i) the plan provides that— (I) the holder of such claim retain the lien securing such claim until the earlier of— (aa) the payment of the underlying debt determined under nonbankruptcy law; or (bb) discharge under section 1328 [ 11 U.S.C. § 1328 ]; and (II) if the case under this chapter is dismissed or converted without completion of the plan, such lien shall also be retained by such holder to the extent recognized by applicable nonbankruptcy law; (ii) the value, as of the effective date of the plan, of property to be distributed under the plan on ac”
2 later decisions quote this exact passage“Section 1325(a)(5) does not really require that creditors receive the value of this secured claim in order for the plan to be confirmed. Section 1325 provides that the court shall confirm the plan if the six listed criteria are met. § 1325(a) contains sufficient conditions for confirmation of a chapter 13 plan, but not necessary conditions for confirmation of a chapter 13 plan. Thus, as written, § 1325(a) does not contain requirements for confirmation.”
1 later decision quote this exact passagee.g. In re Szostek
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.