Parks v. Anderson’s Empirical Analysis
2009
Citation profile
3 district ·
Relationships
Applies 11 U.S.C. § 522 · 11 U.S.C. § 548 · 11 U.S.C. § 727
Relies on Park 'N Fly, Inc. v. Dollar Park & Fly, Inc. · Davis v. Michigan Department of the Treasury · United States v. Locke · G. M. Leasing Corp. v. United States · United States v. Cleveland Indians Baseball Co.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... § 522(p) permits a debtor to transfer non-exempt assets into a homestead during the 1,215-day period if ... the transfer, in the aggregate, is less than [$146,450]. Section 522(o) provides that a transfer of any amount “shall be reduced to the extent that such value is attributable to any portion of any property that the debtor disposed of in the 10-year period ending on the date of the filing of the petition with the intent to hinder, delay, or defraud a creditor....” To impose § 522(o) upon a debtor requires a showing of actual intent of the debtor to hinder or defraud. Absent actual intent to hinder or defraud, a debtor transferring non-exempt assets to an exempt asset during the 1,215-day period is protected up to [$146,450]. Therefore, we find no conflict between § 522(o) and § 522(p) in applying an “equity” definition to the term “interest.” 38”
1 later decision quote this exact passage · from the majority
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.