In Re Cesare’s Empirical Analysis
1994
Citation profile
1 district ·
How this case has been cited
Cited by 15 later decisions — most recently February 2017
1 district ·
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. § 522 · 26 U.S.C. § 401 (Self-Employed Individuals Tax Retirement Act of 1962) · 29 U.S.C. § 1056 (§ 206 of the Employee Retirement Income Security Act of 1974) · 42 U.S.C. § 407 (§ 207 of the Social Security Act of 1935)
Relies on Patterson v. Shumate · Philpott v. Essex County Welfare Board · Education Assistance Corp. v. Zellner · Clark v. O'Neill · Tenneco Inc. v. First Virginia Bank of Tidewater
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While § 522(d)(10) exempts only the debt- or’s “right to receive” certain property, § 522(d)(11) exempts both the debtor’s right to receive property enumerated by the statute as well as any other “property that is traceable to ” such property. Had Congress intended that the exemption provided by § 522(d)(10) include any property purchased with proceeds received on account of the exempted property, it would have provided for such a continued exemption as it did in § 522(d)(11).”
1 later decision quote this exact passagee.g. In re Chapman“Because a debtor’s “right to an exemption is governed by statute,” ... the extent to which an exemption applies to property received in exchange for exempt property depends on the particular exemption statute and the legislative intent demonstrated by the statute. The general rule is that if property exempted by statute is exchanged for property not covered by any applicable exemption statute, the exemption is lost.”
1 later decision quote this exact passagee.g. In re Oliver“(10) The debtor’s right to receive— (E) a payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.”
1 later decision quote this exact passagee.g. In Re Schena
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.