Pladson Jp Kendall v. H Pladson Jp’s Empirical Analysis
Citation profile
How this case has been cited
Cited by 10 later decisions — most recently January 2015
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
Relies on Hyman v. Plotkin · Home Savings Bank, F.S.B. v. Gillam · Reed Schwaber v. Reed T Reed a Schwaber · Harris v. Herman (In Re Herman) · Seror v. Kahan
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The Legislature finds and declares that the amendment of Section 703.140 of the Code of Civil Procedure by Section 1 of this act pertaining to exemptions in bankruptcy is not a change in, but is declaratory of, existing law. The Legislature further finds and declares that the decision in [Pladson I\, holding that the homestead exemption is not available in bankruptcy, is not a correct interpretation of California law. The Enforcement of Judgments Law provides exemptions for various forms of property, including homesteads, and contains a number of special procedural protections for special forms of property. It is not, and never has been, the intention of the Legislature to restrict any of the exemptions in bankruptcy because of technical language concerning the procedures for claiming exemptions in state money judgment enforcement proceedings under the Enforcement of Judgments Law.””
2 later decisions quote this exact passage · from the majoritye.g. In Re Arrol · In Re Cumberbatch“did not contain language specifically amending the many existing statutory sections dealing with the scope of the various exemptions and the procedures for effecting them. In view of the broad language of the statute granting exemptions to bankruptcy debtors, the legislature may well have decided that a host of specific amendments was not necessary. But the legislature’s failure to amend each of those many existing statutes specifically to include bankruptcy debtors within their terms may well have played a part in the district court’s erroneous construction.”
1 later decision quote this exact passage · from the majoritye.g. In Re Arrol“(a) In a case under Title 11 of the United States Code, 6 all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a money judgment is being enforced by execution sale or any other procedure ....”
1 later decision quote this exact passage · from the majoritye.g. In Re Cumberbatch
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.