Richardson v. Koeneman’s Empirical Analysis
2009
Citation profile
1 state decisions
Relationships
Applies 11 U.S.C. § 522 · 11 U.S.C. § 541 · 28 U.S.C. § 158
Relies on Consumer Product Safety Commission v. GTE Sylvania, Inc. · Kokoszka v. Belford · 29 114 75276 Yonikus Yonikus · Meredith v. Bowen · Excalibur Automobile Corp. v. Robinson
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.
“The purpose of garnishment caps is to protect a wage earner living paycheck to paycheck from losing his entire earnings so that he is left destitute with no ability to pay necessary family living expenses. Presumably, by receiving 85 [percent] of his pay, he is at least able to pay the rent and put food on the table. Once he deposits the wages into a bank account, however, the funds become fair game for creditors. An insolvent person may not accumulate and shelter funds in a bank account simply because they derive from wages. It is entirely rational that the [l]egislature would enact wage garnishment caps as a limited, [nonbankruptcy] protection for accrued wages while leaving the wild card exemption as the sole source of protection for paid wages.”
1 later decision quote this exact passage“legal remedies to manage debt, the processes are not so similar that an exemption in one should automatically be applicable in the other without some clear indication that the legislature intended this effect.”
1 later decision quote this exact passagee.g. Burciaga v. Moglia“language that unequivocally protects the identified property against any and all debt collection mechanisms.”
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.