Wade v. Hannon’s Empirical Analysis
968 F.2d 1036 · 1992
Citation profile
1 federal appellate · 1 district ·
Appellate journey
Relationships
Applies 11 U.S.C. § 1322 · 11 U.S.C. § 1325 · 11 U.S.C. § 506
Relies on United States v. Ron Pair Enterprises, Inc. · Patterson v. Shumate · Toibb v. Radloff · Memphis Bank & Trust Co. v. Whitman · Hein v. Ruti-Sweetwater, Inc.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Moreover, section 1322(b)(2) describes its subject matter as the modification of “the rights of holders of” claims, not as the modification of claims as such; thus, the section can properly be read as excepting from its reach modification of “the rights of holders of ... a claim secured only by a security interest in real property that is the debtor’s principal residence....” Therefore, even if the entirety of such a claim is not a secured claim (as per section 506(a)), the rights of a holder of such a claim may not be modified under section 1322(b)(2).”
1 later decision quote this exact passage · from the majority“even if the mortgage instruments are silent on the subject and state law would not require interest to be paid.”
1 later decision quote this exact passage · from the dissente.g. Rake v. Wade“—11 U.S.C. §§ 1322(b)(2) and 1322(b)(5) —”
1 later decision quote this exact passage · from the dissente.g. Rake v. Wade
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.