In Re Smith’s Empirical Analysis

Citation profile

1 federal appellate · 2 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(f)(1) Notwithstanding any waiver of exemptions but subject to paragraph (3), the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is— (A) a judicial lien, other than a judicial lien that secures a debt— (i) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or terri torial law by a governmental unit, or property settlement agreement; and ... (2)(A) For the purposes of this subsection, a lien shall be considered to impair an exemption to the extent that the sum of— (i) the hen, (h) all other liens on the property; and (hi) the amount of the exemption that the debtor could claim if there were no liens on the property; exceeds the value that the debtor’s interest in the property would have in the absence of any liens. (C) This paragraph shall not apply with respect to a judgment arising out of a mortgage foreclosure.”

   1 later decision quote this exact passage
   e.g. Banknorth, N.A. v. Hart

2. “a deficiency judgment is not subject to the exclusion of 11 U.S.C. § 522(f)(2)(C)”

   1 later decision quote this exact passage
   e.g. Hart Na Na v. A J

3. “a judgment arising out of a mortgage foreclosure.”

   1 later decision quote this exact passage
   e.g. Hart Na Na v. A J