Owen v. Owen’s Empirical Analysis
1991
Citation profile
149 federal appellate · 74 district · 18 state decisions
How this case has been cited
Cited by 1,447 later decisions (11 by the Supreme Court) — most recently July 2024 · most notably Johnson v. Home State Bank (1991), BFP v. Resolution Trust Corporation (1994)
149 federal appellate · 74 district · 18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedOwen v. Owen (from Eleventh Circuit Court of Appeals)
Relationships
Relies on United States v. Security Industrial Bank · Farrey v. Sanderfoot · Long v. Bullard · Owen v. Owen
Cited together with Taylor v. Freeland & Kronz · Farrey v. Sanderfoot · United States v. Ron Pair Enterprises, Inc. · Butner v. United States · White v. Stump
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 1,447 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t is [not] inconsistent with the Bankruptcy Code's 'opt-out' policy, whereby the states may define their own exemptions, to refuse to take those exemptions with all their built-in limitations.... We have no basis for pronouncing the opt out policy absolute, but must apply it along with whatever other competing or limiting policies the statute contains.”
46 later decisions quote this exact passage · from the majority“(f) Notwithstanding any waiver of exemptions, the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is— (1) a judicial lien”
30 later decisions quote this exact passage · from the dissente.g. In Re Whitehead · In Re Moreland“(1) Notwithstanding any waiver of exemptions but subject to paragraph (3), the debt- or' may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is— (A) a judicial lien, other than a judicial lien that secures a debt— (i) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement; and (ii) to the extent that such debt— (I) is not assigned to another entity, voluntarily, by operation of law, or otherwise; and (II) includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance or support.”
26 later decisions 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.