In Re Smith’s Empirical Analysis
1988
Citation profile
3 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 23 later decisions — most recently April 2024
3 federal appellate · 2 district · 1 state decisions
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. § 1306 · 11 U.S.C. § 506 · 11 U.S.C. § 522 · 28 U.S.C. § 1334 · 28 U.S.C. § 157
Relies on Hall v. Finance One of Georgia Inc. · Matter of Crockett · In Re Klein · In Re Frost · In Re Neal
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) An allowed claim of a creditor secured by a lien on property in which the estate has an interest ... is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property ... and is an unsecured claim to the extent that the value of such creditor’s interest ... is less than the amount of such allowed claim....”
1 later decision quote this exact passagee.g. In Re Tomlinson“[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 under a plan of reorganization”
1 later decision quote this exact passage“Most courts recognize that the debtor's proposed retention and use of collateral does not emasculate the fact that it is in the first instance the creditor's interest in the collateral that must be valued.”
1 later decision quote this exact passage
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.