In re Reilly’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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Normally, if the debtor lists property as exempt, that listing is interpreted as a claim for exemption of the debtor’s entire interest in the property, and the debtor’s valuation of that interest is treated as the amount of the exemption claimed. Were it otherwise — that is, if the listing were construed to claim as exempt only that portion of the property having the value stated — the provisions finalizing exemptions if no objections are filed would be rendered meaningless. The trustee or creditors could [anytime] claim that the debtor’s interest in the property was greater than the value claimed as exempt and [then] object to the debtor exempting his or her entire interest in the property after the deadline for objections had passed.” 9 Collier ¶ 4003.02[1], pp. 4003-4 to 4003-5.”

   1 later decision quote this exact passage · from the majority
   e.g. Schwab v. Reilly

2. ““[W]e believe this case to be controlled by Taylor . Just as we perceive it was important to the Taylor Court that the debtor meant to exempt the full amount of the property by listing 'unknown’ as both the value of the property and the value of the exemption, it is important to us that Reilly valued the business equipment at $10,718 and claimed an exemption in the same amount. Such an identical listing put Schwab on notice that Reilly intended to exempt the property fully. “ ‘[A]n unstated premise’ of Taylor was ‘that a debtor who exempts the entire reported value of an asset is claiming the “full amount,” whatever it turns out to be.’” 534 F. 3d, at 178-179 .”

   1 later decision quote this exact passage · from the majority
   e.g. Schwab v. Reilly

3. ““The debtor shall file a list of property that the debtor claims as exempt .... Unless a party in interest objects, the property claimed as exempt on such list is exempt.” § 522(1). “A party in interest may file an objection to the list of property claimed as exempt only within 30 days after the meeting of creditors held under § 341(a) is con- eluded .... The court may, for cause, extend the time for filing objections if, before the time to object expires, a party in interest files a request for an extension.”' Rule 4003(b). 4”

   1 later decision quote this exact passage · from the majority
   e.g. Schwab v. Reilly