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OpenJurist
← 118 BR 860 - In Re Gardner

In Re Gardner’s Empirical Analysis

1990

Citation profile

9
cited by 9 later decisions
January 1995
most recently cited

Relationships

Applies 11 U.S.C. § 522 · 11 U.S.C. § 541 · 26 U.S.C. § 401 (Self-Employed Individuals Tax Retirement Act of 1962) · 29 U.S.C. § 1144 (§ 514 of the Employee Retirement Income Security Act of 1974)

Relies on Shaw v. Delta Air Lines, Inc. · Metropolitan Life Insurance v. Massachusetts · Bibby v. United States · Daniel v. Security Pacific National Bank · MacKey v. Lanier Collection Agency & Service, 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(2)(a) Except as provided in paragraph (b), any money or other assets payable to a participant or beneficiary from, or any interest of any participant or beneficiary in a retirement or profit-sharing plan that is qualified under s. 401(a), s. 403(a), s. 403(b), s. 408, or s. 409 of the Internal Revenue Code of 1986, as amended, is exempt from all claims of creditors of the beneficiary or participant.”
    3 later decisions quote this exact passage
  2. “Notwithstanding s. 222.20, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act.”
    2 later decisions 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.