In re Bellafiore’s Empirical Analysis
2013
Citation profile
Relationships
Applies 11 U.S.C. § 507 · 11 U.S.C. § 522 · 11 U.S.C. § 541 · 11 U.S.C. § 554 · 28 U.S.C. § 157
Relies on Butner v. United States · Brattleboro Housing Authority v. Stoltz · Taub v. Taub (In Re Taub) · In Re Cole · DiGeronimo v. Weissberg (In Re DiGeronimo)
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.
“There is no reason why this post-petition voluntary sale should be any different from any other sale of a debtor's residential real property conducted during the course of a bankruptcy proceeding. The [d]ebtor's fresh start should not be penalized as a result of the existence of a pre-petition contract negotiated on an arms-length basis where the [d]ebtor still owned and occupied the homestead on the [p]etition [d]ate.”
1 later decision quote this exact passagee.g. In re Ward“Nothing in C.P.L.R. § 5206(a) even suggests that the homestead exemption is to be conditioned on an intent for long-term residency. Rather, the statute allows an exemption to any owner who resides on the property on the date of bankruptcy.”
1 later decision quote this exact passagee.g. In re Ward“The commencement of a case ... creates an estate.”
1 later decision quote this exact passagee.g. In re Ward
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.