Max v. Northington’s Empirical Analysis
876 F.3d 1302 · 2017
Citation profile
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 108 · 11 U.S.C. § 1322 · 11 U.S.C. § 1324 · 11 U.S.C. § 1327 · 11 U.S.C. § 362 · 11 U.S.C. § 541 · 11 U.S.C. § 548
Relies on Anderson v. City of Bessemer City · Bonner v. City of Prichard · Butner v. United States · United States v. Whiting Pools, Inc. · English v. General Electric Co.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Properly understood, the Bankruptcy Code takes an estate's constituent property interests as it finds them. If an asset is by its state-law nature static, then it remains so in the bankruptcy estate. If, by contrast-as is often the case-state law imbues an estate asset with a sort of internal dynamism, then that characteristic will follow the asset into the estate .... But increase will not always be the result-sometimes the dynamism will reduce (or even eliminate) an asset's value. Think, for instance, about a debtor whose bankruptcy estate includes an option contract. If the debtor fails to exercise the option in accordance with state law, then the right to buy disappears. This case reflects the same basic phenomenon. Under Georgia's pawn statute, following his loan's maturity date, Wilber had a conditional right to possess the Charger as well as a right to redeem it during the statutory period. But after the expiration of the prescribed period, Wilber had no rights in the car, possessory or otherwise. Rather, his rights had been "automatically ... extinguished" and "automatically forfeited to [TitleMax]."”
1 later decision quote this exact passage · from the dissent“retained property interests in the [pawned property] that became 'property of the estate' under 11 U.S.C. § 541 . In particular, the parties agree that the car, which remained in [the debtor's] possession, as well as the associated right to redeem it-which at that time had not yet expired-entered the estate with the filing of his petition”
1 later decision quote this exact passage · from the dissent“Pledged goods not redeemed within the grace period shall be automatically forfeited to the pawnbroker by operation of this Code section, and any ownership interest of the pledgor or seller shall automatically be extinguished as regards the pledged item.”
1 later decision quote this exact passage · from the dissent
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.