In Re Gardner’s Empirical Analysis

Citation profile

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Though Debtors’ Rich Land Property is exempt for purposes of their bankruptcy case, this Court, following the lead of the Ninth Circuit Bankruptcy Appellate Panel, has held that the failure of a creditor to timely object to a claim of exemption does not prevent that creditor from challenging the validity of the exemption in defense of a debtor’s later motion to avoid its judicial lien. See In re Conley, 99.1 I.B.C.R. 7 (Bankr.D.Idaho 1999) (citing Morgan v. Fed. Deposit Ins. Corp. (In re Morgan), 149 B.R. 147 (9th Cir. BAP 1993)). In Morgan, the Ninth Circuit Bankruptcy Appellate Panel outlined a four-part test for avoidance of a lien: (1) There must be an exemption to which the debtor “would have been entitled” under subsection (b) of § 522; (2) The property must be listed on the debtor’s schedules and claimed as exempt; (3) The lien at issue must impair the claimed exemption; and (4) The lien must be either a judicial lien or another type of lien specified by the statute.”

   1 later decision quote this exact passage
   e.g. In re Wright

2. “A judicial lien creditor in most cases has no incentive or reason to object to an improper claim of exemption in the early stages of the case and within the time limits required by Rule 4003(b). But the same creditor may have a vital interest in contesting the exemption later — when (and if) the debtor seeks to avoid the judicial lien.”

   1 later decision quote this exact passage
   e.g. In re Wright