Miller v. J’s Empirical Analysis
Citation profile
1 district ·
Relationships
Relies on In Re O'brien Environmental Energy, Inc. · Robert Nelson v. Joseph Scala Sr · In Re Lowell W. Lehman, Jr. · Zeigler Engineering Sales, Inc. v. Cozad (In Re Cozad) · Wiget v. Nielsen (In Re Nielsen)
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he correct approach is to view the debtor as owning one half of the property to which one half of the mortgage debt is thus attributable and therefore to regard “property” in subsection (ii) [of § 522(f)(2)(A) ] to mean the debtor’s interest in the property and then to allocate the lien among the interests in the property proportionately.”
3 later decisions quote this exact passage · from the majoritye.g. In Re Coley · In Re Fox“Miller's calculations, however, do not take into account with respect to the amount of "all other liens on the property” the circumstance that he owns the residence jointly with Pierce so that the mortgage encumbers both joint tenants’ interests in the property, not merely Miller's. In fact, the value of the entire property, $100,000.00, less the amount of the mortgage debt, $74,703.92, leaves $25,296.08 in equity. Thus, as a co-owner, Miller’s share of the equity is $12,648.04. Subtracting Miller's $8,075.00 exemption from his share of the equity leaves a surplus of $4,573.04 to which the judgment lien may attach.”
1 later decision quote this exact passage · from the majoritye.g. In Re Coley“(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 lien, (ii) all other liens on the property; and (in) 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.”
1 later decision quote this exact passage · from the majoritye.g. In Re Steck
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.