Legal Opinion

Associates Commercial Corp. v. Rash

Supreme Court of the United States

Decided June 16, 1997No. 96-454PublishedCited by 471 opinions

1Opinion of the CourtJustice Ginsburg

delivered the opinion of the Court.†

We resolve in this case a dispute concerning the proper application of § 506(a) of the Bankruptcy Code when a bankrupt debtor has exercised the “cram down” option for which Code § 1325(a)(5)(B) provides. Specifically, when a debtor, over a secured creditor’s objection, seeks to retain and use the creditor’s collateral in a Chapter 13 plan, is the value of the collateral to be determined by (1) what the secured creditor could obtain through foreclosure sale of the property (the “foreclosure-value” standard); (2) what the debtor would have to pay for…

2Cases cited9 opinions

United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
In Re Winthrop Old Farm Nurseries, Inc., Debtor. Winthrop Old Farm Nurseries, Inc. v. New Bedford Institution for SavingsCourt of Appeals for the First Circuit · 1995
In Re Donald Taffi Madelaine Taffi, Debtors. Donald Taffi Madelaine Taffi v. United StatesCourt of Appeals for the Ninth Circuit · 1996
In Re Donald Allen Trimble, Debtor. Metrobank, Creditor/appellant v. Donald Allen Trimble, Debtor/appelleeCourt of Appeals for the Eighth Circuit · 1995

4 more not listed; retrieve them via the Exa API.

3Cited by471 opinions

Till v. SCS Credit Corp.Supreme Court of the United States · 2004
First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
United States v. Francis BoccagnaCourt of Appeals for the Second Circuit · 2006
In The Matter Of T-H New Orleans Limited Partnership, DebtorCourt of Appeals for the Fifth Circuit · 1997
IN Re: Carmen Bateman, Debtor, --- Universal American Mortgage Company v. Carmen BatemanCourt of Appeals for the Eleventh Circuit · 2003

466 more not listed; retrieve them via the Exa API.