in Re Terry Alsberg’s Empirical Analysis

Citation profile

1 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he Hyman’s claim for appreciation is without merit. The California statute gives the Hyman’s a $ 45,000 exemption as of the time of sale, not a $ 45,000 equity interest in the property.... The debtor’s right to use the exemption comes into play not upon the filing of the petition, but only if and when the trustee attempts to sell the property. At that point, and not before, the debtor first faces the possibility of being dispossessed of his home, and the grim prospect of having to use the exemption money to find alternative housing.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Bregni · In Re Einkorn

2. “When the original bankruptcy petition was filed, Alsberg’s interest in the residence passed to the bankruptcy estate. Alsberg’s California homestead exemption can be realized only from the net proceeds of sale received by the estate. The estate held an interest in the residence at all times after the petition was filed. Therefore, when the residence was sold, the proceeds of the sale vested in the estate. When Alsberg subsequently filed a claim for a $45,000 homestead exemption after the sale of the property, he became entitled to $45,000 of the proceeds, and no more.”

   1 later decision quote this exact passage · from the majority
   e.g. Matter of Heflin