Public-domain · open source
OpenJurist
← 176 B.R. 104 - In Re Bates

In Re Bates’s Empirical Analysis

1994

Citation profile

14
cited by 14 later decisions
1
states following
February 2002
most recently cited

1 district · 2 state decisions

Relationships

Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 522 · 26 U.S.C. § 219 (§ 2002 of the Employee Retirement Income Security Act of 1974) · 26 U.S.C. § 408 (§ 2002 of the Employee Retirement Income Security Act of 1974) · 26 U.S.C. § 72

Relies on Patterson v. Shumate · Kokoszka v. Belford · Owen v. Owen · Belknap v. Henderson · Velis v. Kardanis

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

  1. “(1) debtor's present and anticipated living expenses; (2) debtor’s present and anticipated income from all sources; (3) debtor’s (and debtor’s dependents') age; (4) debtor’s (and debtor’s dependents’) health; (5) debtor’s ability to work and earn a living; (6) debtor’s training, job skills and education; (7) other available assets, including exempt assets; (8) debtor’s ability (and opportunity) to save for retirement; (9) debtor’s (and debtor's dependents') special needs; (10) liquidity of other assets; and (11) financial obligations that will survive bankruptcy”
    1 later decision quote this exact passage
  2. “Third, characterizing asset accumulation for retirement as a matter of “long term security,” e.g., In re Clark, 711 F.2d at 23 , ignores the reality that, in most instances, individuals must save throughout their working years in order to have funds available for their retirement needs.”
    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.