In Re Boring’s Empirical Analysis

Citation profile

1 district ·

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.

1. “[B]ecause it is the creditor's interest in the estate's interest in property which must be valued, it is appropriate to deduct costs of sale regardless of whether a debtor intends to retain and use the property.”

   2 later decisions quote this exact passage
   e.g. Balbus Brown and Company Securities Corporation v. Balbus · Rash Associates Commercial Corporation v. Rash E

2. “It is not the value of the property, per se, which is to be used in the determination of secured status, but rather it is the value of the creditor’s interest in that property. While it may be conceded that the valuation standard in the Chapter 13 setting is not a forced sale or liquidation standard [see In re Damron, 8 B.R. 323 (Bkrtcy., S.D.Ohio 1980) ], the Court must determine what a creditor would receive from the collateral upon its customary and commercially reasonable means of disposition. In re Klein, 10 B.R. 657 , 7 B.C.D. 668 (Bkrtcy., E.D.N.Y.1981). It is not, therefore, appropriate to merely take the fair value of property and assume that a creditor would receive that full amount upon disposition. See also, In re Neal, 10 B.R. 535 (Bankr. S.D.Ohio 1981). In determining the secured claim of a second mortgagee, the Paige court approximated the costs of sale at ten percent, based upon the customary seven percent real estate broker’s commission in this geographic locale and various other costs which, hypothetically speaking, would approximate three percent. In reliance on Neal and Paige , this Court has routinely assessed a ten percent sale cost deduction, absent evidence establishing actual costs. See, In re Richardson, 82 B.R. 872, 873 (Bankr.S.D.Ohio 1987) (Sellers, J.). We hereby reaffirm our approval of Paige and Neal , at least as to the requirement that costs of sale should be deducted, and conclude that it is the creditor’s interest in property which should b”

   1 later decision quote this exact passage
   e.g. In Re Smith

3. “Whether a valuation is made without regard for potential costs of liquidation depends, it seems, upon the emphasis given to the first and second sentences of section 506(a). The first sentence, providing that the claim is secured to the extent of. the value of the creditor’s interest in the property, suggests that since it is the creditor’s interest that is being valued and not the collateral itself, it should not make any difference whether the debtor is retaining the property. Yet, the language of the second sentence suggests that the proposed disposition or use of the collateral itself must be considered when determining that value.”

   1 later decision quote this exact passage
   e.g. In Re Smith