Arkison v. Plata’s Empirical Analysis
958 F.2d 918 · 1992
Citation profile
5 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 22 later decisions — most recently July 2019
5 federal appellate · 1 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. § 349
Relies on Nash v. Kester · United Energy Corp Wyle v. Ch Rider & Family · Resendez v. Lindquist · In Re Bullock · Waugh v. Saldamarco (In Re Waugh)
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A Chapter 13 creditor's interests do not vest until the monies are distributed.”
3 later decisions quote this exact passage · from the majoritye.g. In re Michael · In re Elms“immediately before the commencement of the case”
3 later decisions quote this exact passage · from the dissent“(1) If a Chapter 13 trustee is accumulating funds because a creditor is refusing to receive payments under the plan, as here, creditors can move to modify the plan. See 11 U.S.C. § 1329 (a)(1) ("At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, upon request of the ... holder of an allowed unsecured claim, to ... increase or reduce the amount of payments on claims of a particular class provided for by the plan.”). (2) Creditors can move to compel the trustee to make distributions under the plan immediately after the debtor files its motion to convert. (3)Section 1327(b) provides that “[ejxcept as otherwise provided in the plan or the order confirming the plan, the confirmation of a plan vests all of the property of the estate in the debtor.” Creditors can object to a proposed plan that does not provide that plan payments vest in creditors immediately on receipt by the Chapter 13 trustee. They likewise can request that similar language be included in the Bankruptcy Court's order confirming the plan. Though we do not rule on the issue, such language may be sufficient to remove undistributed plan payments held by the trustee from property "under the control of the debt- or on the date of conversion.” 11 U.S.C. § 348 (f)(1).”
1 later decision quote this exact passage · from the dissente.g. In re Michael
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.