In Re Haraughty’s Empirical Analysis
2009
Citation profile
Relationships
Applies 11 U.S.C. § 522 · 11 U.S.C. § 541 · 11 U.S.C. § 542 · 15 U.S.C. § 1601 (§ 102 of the Truth in Lending Act) · 28 U.S.C. § 1334 · 28 U.S.C. § 157
Relies on Local Loan Co. v. Hunt · Kokoszka v. Belford · Pomeroy v. Beach · Bankr L Rep P 75226 in the Matter of Gerald E Geise Jr · Lawrence v. Jahn (In Re Lawrence)
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Unlike other assets that might be subject to levy, unpaid wages are neither in the possession of the debtor nor owned by the debtor. Without a statute allowing a creditor to pursue the debtor's entitlement to such wages, they would be immune from collection.... [T]he nature of unpaid wages, as choses in action immune from ... common law methods of satisfying judgments, makes the broader exemption language employed in other Illinois exemption provisions unnecessary. The absence of references to assignment, attachment, levy, execution, and seizure is therefore no indication that the Illinois General Assembly intended unpaid wages to be subject to collection through these methods.”
1 later decision quote this exact passagee.g. In re Foster“protect unpaid wages from forms of process that are simply inapplicable.”
1 later decision quote this exact passagee.g. Burciaga v. Moglia
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.