In Re Mammel

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that Eighth Circuit has not ruled on § 1327’s effect on an improvidently-confirmed plan
• stating that § 1322(b)(2) allows for modification, but the dischargeability of student loan debts are governed by § 523(a)(8)
• “[W]hether or not an objection is presently lodged in this case, the Court retains the authority to review this plan and deny confirmation if it fails to comply with the confirmation standards of the Code”
• “Whether the Trustee has filed an objection or not, the court has the independent right and duty to review proposed Chapter 13 plans for compliance with the Code.’’
• “[Wjhether or not an objection is presently lodged in this case, the Court retains the authority to review this plan and deny confirmation if it fails to comply with the confirmation standards of the Code.”
• proposed student loan provision “renders superfluous those rules relating to adversary complaints”

Source: CourtListener parenthetical corpus (CC0).

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

• United Student Aid Funds, Inc. v. Espinosa
  Supreme Court· 2010-03-23· cited 1,364×
• Andersen v. UNIPAC-NEBHELP (In Re Andersen)
  Tenth Circuit· 1999-06-07· cited 130×
• In re: David C. Welsh and Sharon N. Welsh
  Ninth Circuit· 2012-02-17· cited 42×
• In Re Larson
  D. Minnesota· 2000-03-07· cited 22×
• Ruehle v. Educational Credit Management Corp. (In Re Ruehle)
  Sixth Circuit· 2004-03-17· cited 20×
• Burnett v. Burnett (In Re Burnett)
  Eighth Circuit· 2011-07-20· cited 16×
• In Re Evans
  S.D. Ohio· 1999-11-17· cited 16×
• In Re Hensley
  W.D. Oklahoma· 2000-05-12· cited 16×
• In Re Fuller
  W.D. Michigan· 2000-11-13· cited 16×
• In Re Conner
  D. New Hampshire· 1999-07-30· cited 10×
• In Re Ruehle
  N.D. Ohio· 2003-07-17· cited 10×
• Educational Credit Management Corp. v. Whelton (In Re Whelton)
  D. Vermont· 2003-09-09· cited 9×
• In Re Carlton
  N.D. Alabama· 2010-09-09· cited 8×
• In re Brown
  N.D. Indiana· 2016-08-02· cited 7×
• In Re Fox
  D. South Carolina· 2000-03-31· cited 5×
• Educational Credit Management Corp. v. Mersmann (In Re Mersmann)
  Tenth Circuit· 2004-12-14· cited 5×
• In Re Hinton
  S.D. Florida· 1999-03-18· cited 4×
• El Khabbaz v. Sallie Mae Servicing Corp. Texas Guaranteed Student Loan (In Re El Khabbaz)
  N.D. Iowa· 2001-06-26· cited 3×
• In Re Evans
  S.D. Florida· 1999-06-17· cited 2×
• Banks v. Sallie Mae Servicing Corp. (In Re Banks)
  W.D. Virginia· 2001-05-01· cited 2×

Cites

9 cases in this archive are cited by this case.

• In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. Savell
  Fifth Circuit· 1985-07-19· cited 288×
• In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit Corporation
  Seventh Circuit· 1984-12-03· cited 187×
• In the Matter of Phyllis Maxine Pence, Debtor. Appeal of Pacesetter Bank of Montpelier
  Seventh Circuit· 1990-07-13· cited 135×
• In the Matter of Walter Howard and Verlean Howard, Debtors. Sun Finance Company, Inc. v. Walter Howard and Verlean Howard
  Fifth Circuit· 1992-09-08· cited 95×
• Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)
  Ninth Circuit· 1998-03-31· cited 72×
• Strong v. United States Department of the Treasury, Internal Revenue Service (In Re Strong)
  N.D. Illinois· 1996-12-10· cited 26×
• Andersen v. Higher Education Assistance Foundation (In Re Andersen)
  Tenth Circuit· 1998-01-26· cited 18×
• In Re Northrup
  N.D. Iowa· 1991-11-12· cited 13×
• Matter of Key
  S.D. Ohio· 1991-07-03· cited 5×