Eilbert v. Pelican’s Empirical Analysis

Citation profile

12 federal appellate · 5 district ·

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

1. “(1) are received pursuant to a “stock bonus, pension, profit sharing, annuity, or similar plan or contract,” (2) are “on account of illness, disability, death, age or length of service,” and (3) are reasonably necessary for the debtor’s support or for the support of a dependent of the debtor.”

   12 later decisions quote this exact passage · from the majority
   e.g. Silliman v. Cassell · In Re Burkette

2. “As the Bankruptcy Appellate Panel noted, “ ‘annuity’ is a purely generic term which refers to the method of payment and not to the underlying nature of the asset.” ... In this case, because the term “annuity” is broad and generic, we apply the interpretive canons noscitur a sociis (a term is known from its associates) and ejusdem generis (general words in an enumeration are construed as similar to more specific words in the enumeration). See Fleur de Lis Motor Inns, Inc. v. Bair, 301 N.W.2d 685, 690 (Iowa 1981). These canons are employed “to avoid ascribing to one word a meaning so broad that it is inconsistent with its accompanying words.” Gustafson v. Alloyd Co., 513 U.S. 561, 575 , 115 S.Ct. 1061 , 131 L.Ed.2d 1 (1995). Accordingly, we determine the meaning of “annuity” by reference to the words surrounding it in § 627.6(8)(e), “pension ... or similar plan or contract.” A pension is a “[r]etirement benefit paid regularly ... based generally on length of employment and amount of wages or salary,” in other words, “[d]eferred compensation for services rendered.” BLACK’S LAW DICTIONARY 1134 (6th ed.1990). Because “pension” is the more specific word, it restricts the meaning of “annuity” in § 627.6(8)(e). When dealing with a claim for exemption of an annuity payment “on account of age,” the conjunction of the two words suggests that “annuity,” like “pension,” describes a plan or contract to provide benefits in lieu of earnings after retirement, whether funded by the employer or”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Weidman · Rousey v. R

3. “The debtor’s rights in ... [a] payment or a portion of a payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, unless the payment or a portion of the payment results from contributions to the plan or contract by the debtor within one year prior to the filing of a bankruptcy petition, which contributions are above the normal and customary contributions under the plan or contract, in which case the portion of the payment attributable to the contributions above the normal and customary rate is not exempt.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Sims