In Re Strandberg’s Empirical Analysis

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1 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t does not matter that the Rhode Island Homestead Act was enacted after Howard’s lien attached, since federal law allows the Debtor to exempt property from the estate that is exempt under any state, federal or local law in effect on the date of filing the petition. Section 522(b) states: “... an individual debtor may exempt from property of the estate the property listed in either paragraph (1) or, in the alternative, paragraph (2) of this subsection.” 11 U.S.C. § 522 (b). Paragraph 2 of subsection (b) defines exempt property as “any property that is exempt under Federal law, other than subsection (d) of this section, or State or local law that is applicable on the date of filing of the petition....” 11 U.S.C. § 522 (b)(2)(A). Clearly, the Rhode Island Homestead Act was applicable on the date the instant petition ... was filed, and therefore the exemption is allowable. In complaining (understandably) about the Rhode Island Homestead Act’s retroactive application in bankruptcy, Howard focuses on the state statute, rather than on federal bankruptcy law which defines the availability of exemptions in bankruptcy. Howard’s arguments to the contrary notwithstanding, the Code controls. See 11 U.S.C. § 522 (b)(2)(A).”

   1 later decision quote this exact passage
   e.g. In Re Homonoff

2. “Both the First Circuit Court of Appeals in Weinstein and the Bankruptcy Appellate Panel for the First Circuit in In re Leicht, 222 B.R. 670 (1st Cir.1998), have addressed and rejected this argument. The BAP reasoned that if the judicial lienholder acquired its lien after the enactment of Bankruptcy Code Section 522(f) in 1978, then “[t]he lien was born subject to ... [the Debtor’s] right to avoid it pursuant to § 522(f)(1).” Id. at 683. In other words, it is Bankruptcy Code Section 522(f) and not the state exemption statute that affects the lien creditors’ rights. Therefore, if a judicial lien comes into being after the enactment of Section 522(f), the debtor’s avoidance of the lien in bankruptcy does not constitute a “taking” of the judicial lienholder’s rights. Id. at 683-84.”

   1 later decision quote this exact passage
   e.g. In Re Homonoff