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← 167 F.3d 470 - Moses v. R E

Moses v. R E’s Empirical Analysis

Citation profile

12
cited by 12 later decisions
1
states following
April 2016
most recently cited

2 state decisions

How this case has been cited

Cited by 12 later decisions — most recently April 2016

2 state decisions

70199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 11 U.S.C. § 541

Relies on Patterson v. Shumate · Murillo v. Fleetwood Enterprises, Inc. · 39 Cal. 3d 281 - I. E. Associates v. Safeco Title Insurance · Steelcase Inc. v. Johnston · Neuton v. Danning

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

  1. “The critical inquiry in determining whether a spendthrift trust is valid under California law is whether the trust’s beneficiaries exercise excessive control over the trust. See In re Witwer, 148 B.R. 930, 937 (Bankr.C.D.Cal.1992). California law does not allow a participant with excessive control over his or her trust to shield that trust with an anti-alienation provision lacking true substance.”
    1 later decision quote this exact passage · from the majority
  2. “Whether Debtor’s [pension] plans are excluded from the estate is a question that should be addressed by the bankruptcy court in the first instance. The exemption question arises only if the plans are first determined to be property of the estate.... In fact, if the flans are not property of the estate, the bankruptcy court should not make a decision on the exemption question.”
    1 later decision quote this exact passage · from the majority

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.