In Re Oster’s Empirical Analysis

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

1. “The concept of an “exemption” under section 522(b) has a specific application that relates by its own terms, to “property of the estate.” The bankruptcy estate includes all of the interests in property, legal and equitable, possessed by the debtor at the commencement of the case, and it automatically springs into existence upon the filing of the petition. Code § 541(a). In Chapter 7, property of the estate is collected and administered by the Chapter 7 trustee. Code § 704. The case is closed after the estate has been fully administered and the court has discharged the trustee. Code § 350(a). Closure of the case affects the “estate” in three significant ways: the trustee no longer has any authority over property of the estate, all scheduled property of the estate not administered by the trustee is abandoned to the debtor (Code § 554(c)) and the estate ceases to exist. See Bass v. Denney, (In re Bass), 171 F.3d 1016, 1022 (5th Cir.1999). Here, the Residence was originally property of the estate, but it was not “within the estate” at the time the Debtors amended their exemptions to include the Residence. Once the Debtors’ interest in the Residence was abandoned to the Debtors, it was no longer “possessed by the estate.” Once the case closes, and the estate ceases to exist, section 522(b) ceases to have any meaning or application to the scheduled property. There is nothing in the Bankruptcy Code which suggests that a new exemption may be claimed for scheduled property after closu”

   1 later decision quote this exact passage
   e.g. Goswami v. MTC Distributing (In Re Goswami)

2. “A voluntary petition, list, schedule, or statement may be amended by the debtor as a matter of course at any time before the case is closed. The debtor shall give notice of the amendment to the trustee and to any entity affected thereby ....”

   1 later decision quote this exact passage
   e.g. Goswami v. MTC Distributing (In Re Goswami)