In Re Tolson’s Empirical Analysis
2005
Citation profile
2 federal appellate · 1 state decisions
How this case has been cited
Cited by 12 later decisions — most recently August 2019
2 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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. § 6311
Relies on Taylor v. Freeland & Kronz · Owen v. Owen · United States v. Craft · Beihl v. Martin · Napotnik v. Equibank and Parkvale Savings Association
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.
“Any real property, any beneficial interest in a land trust, or any interest in real property ... held in tenancy by the entirety shall not be liable to be sold upon judgment ... against only one of the tenants, except if the property was transferred into tenancy by the entirety with the sole intent to avoid the payment of debts existing at the time of the transfer beyond the transferor’s ability to pay those debts as they become due. However, any income from such property shall be subject to garnishment as provided in Part 7 of this Article XII, whether judgment has been entered against one or both of the tenants.”
2 later decisions quote this exact passage“the contingent right of survivorship of each entireties tenant is a present property right to which a judgment lien extends.”
2 later decisions quote this exact passage“For the purposes of this subsection, a lien shall be considered to impair an exemption to the extent that the sum of— (1) the lien; (ii) all other liens on the property; and (iii) 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 passagee.g. In re Sternat
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.