Greenblatt v. Ford’s Empirical Analysis
638 F.2d 14 · 1981
Citation profile
16 federal appellate · 9 district ·
How this case has been cited
Cited by 128 later decisions — most recently August 2017 · most notably Napotnik v. Equibank and Parkvale Savings Association, Sumy v. Schlossberg (1985)
16 federal appellate · 9 district ·
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.
Relationships
Relies on In Re Ford
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 128 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The trustee contends that the filing of the petition acts as an immediate severance of the estate by the entireties since the debtor’s interest passes immediately to the trustee thereby severing the time honored unities of time, title, identity of interest, and possession, necessary to preserve the estate by the entireties. The court disagrees. The legislative history consistently takes the position, ultimately enacted in § 541(a)(1), that it is the debtor’s undivided interest in tenants by the entireties property which becomes property of the estate. There is no severance of the unities when the debtor’s interest passes to the estate. The trustee merely obtains and retains custody of the debtor’s undivided interest consisting of the same unities, intact and unaltered, as they existed immediately prior to the filing of the petition, until such time as that interest, still intact and unaltered, is exempted from the estate under § 522(b)(2)(B) ... For all of the above reasons, the court concludes that the debtor’s undivided interest in property which he held immediately before the commencement of the case as a tenant by the entirety with his nonbankrupt spouse, as that tenancy is presently constituted under Maryland law is property of the estate in bankruptcy under the Code, that the interest is subject to administration under § 541(a)(1), and that the tenancy by the entirety is not severed by the filing of a petition under the Code.”
2 later decisions quote this exact passage · from the majority“[s]ince the debtor's interest in entireties property is exempt from process by both his individual and joint creditors under Maryland law, the debtor's interest in property which he holds as a tenant by the entirety may be exempted from the estate by Mr. Ford under Sec. 522(b)(2)(B).”
2 later decisions quote this exact passage · from the majoritye.g. In Re Sumy · Sumy v. Schlossberg
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.