33 581 76460 Salzer Trs’s Empirical Analysis

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2 district ·

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

1. “Salzer contends that Stinson violated the automatic stay when, at the direction of the trustee, he secured the personal property located at the leasehold premises and denied Salzer access to it. Sal-zer theorizes that because there was no objection to his claim of exemption in the property within the thirty days allotted by Bankruptcy Rule 4003(b), title to the property revested in him, and he was entitled to physical possession of the property at the end of the thirty days. Consequently, he asserts, Stinson’s refusal to turn over the property upon his demand violated the automatic stay. Upon the filing of a bankruptcy, all property of the debtor becomes property of the bankruptcy estate. 11 U.S.C. § 541 ; In re Kazi, 985 F.2d at 320. However, the debtor can prevent certain property from being used to satisfy his creditors by claiming it as exempt. 11 U.S.C. § 522 (i); Taylor v. Freeland & Krona, 503 U.S. 638, 643 , 112 S.Ct. 1644, 1647 , 118 L.Ed.2d 280 (1992). Once the debtor claims property exempt, the creditors and trustee have the opportunity to object to the claimed exemptions. 11 U.S.C. § 522 (i); Bankruptcy Rule 4003(b); In re Kazi, 985 F.2d at 320. Failure of a trustee or creditor to object within the thirty days provided by Bank ruptcy Rule 4003(b) waives the right to contest the validity of an exemption. Taylor, 503 U.S. at 644 , 112 S.Ct. at 1648 . However, the running of the thirty day period without objection does not mean that the debtor is entitled to possessi”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Shelby