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OpenJurist
← 102 BR 699 - In Re Keinath

In Re Keinath’s Empirical Analysis

1986

Citation profile

4
cited by 4 later decisions
June 2005
most recently cited

Relationships

Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 522

Relies on Johnson v. Ford Motor Credit Co. (In Re Johnson) · Johnson v. Ford Motor Credit Co. (In Re Johnson) · Lincoln v. Cherry Creek Homeowners Ass'n (In Re Lincoln) · Bryant v. General Electric Credit Corp. · Nealis v. Ford Motor Credit Co. (In Re Nealis)

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““To the extent of the amount due upon the judgment and costs, the employer shall hold, subject to order of court, any non-exempt wages due or which subsequently come due. The judgment or balance due thereon is a lien on wages due at the time of the service of summons, and such lien shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or until the expiration of the employer’s payroll period ending immediately prior to 56 days after the service of summons whichever first occurs, except that such lien on subsequent earnings shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated or modified.” Chap. 110, Ill.Rev.Stah, § 12-808(b) (emphasis added)”
    1 later decision quote this exact passage
  2. ““[N]on-exempt wages only become property of the judgment creditor when they are paid to him by order of the court. In the ease at bar, the court never ordered the ... [employer] to pay the non-exempt wages to the ... [creditor]. Until such time as an order is entered, the statute clearly provides that the judgment or balance due is simply ‘a lien on wages due at the time of the service of summons.’ Thus, the ... [creditor] has only a judicial lien ... and this lien may be avoided under 11 U.S.C. § 522 (f)(1).””
    1 later decision quote this exact passage

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.