Mitchell’s Empirical Analysis

Citation profile

5 federal appellate · 2 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “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. Such value shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor’s interest.”

   17 later decisions quote this exact passage · from the majority
   e.g. In Re Goldner · Taffi v. United States (In Re Taffi)

2. “[C]ourts will have to determine value on a case-by-case basis.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Myers · Trimble v. Trimble

3. “In holding that the wholesale value should apply as a general rule in valuing vehicles, we do not suggest that the contemplated use by the debtor in Chapter 13 or Chapter 11 proceedings should never affect the valuation of the creditor’s interest. Collier suggests that the so-called “going concern” or “replacement cost to the debtor” is appropriate where the collateral is being used as part of a going concern and the prospects for successful reorganization are good. See [3] Collier [on Bankruptcy 506.04 at] 506-28 to 506-29. In his article on this subject, Judge Queenan offers an even narrower application of debtor’s use as a factor in valuation of the secured claim. He suggests that debtor’s use should affect valuation where the use is “particularly beneficial,” as for example when the collateral is being used in the debtor’s hands in a more profitable way than it would in others’ hands, or where the use is “particularly detrimental” to its value, as for example when the debtor is using the collateral 24 hours a day and causing rapid depreciation. Queenan, [Standards for Valuation of Security Interests in Chapter 11, 92 Com.L.J. 19] at 37.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Myers