Gardner v. Commonwealth Of Pennsylvania’s Empirical Analysis
685 F.2d 106 · 1982
Citation profile
6 federal appellate · 5 district ·
How this case has been cited
Cited by 52 later decisions — most recently August 2005 · most notably Ashe Commonwealth National Bank v. United States Commonwealth National Bank (1983), Watts v. Pennsylvania Housing Finance Co. (In Re Watts) (1987)
6 federal appellate · 5 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
Applies 11 U.S.C. § 101 · 11 U.S.C. § 522
Relies on Hutto v. Finney · Fitzpatrick v. Bitzer · Gardner v. State of New Jersey · Florida Department of State v. Treasure Salvors, Inc. · Van Huffel v. Harkelrode
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““DPW makes the ingenious but unpersuasive argument that because section 522(f) does not contain the specific words ‘creditor’, ‘entity’, or ‘governmental unit’, it cannot have been intended to apply to the states. The legislative history of section 522(f) suggests, however, that for purposes of lien avoidance no distinction was intended between governmental and non-governmental entities. See S.Rep. No. 989, 95th Cong., 2d Sess. 76 (1978) and H.R.Rep. No. 595, 95th Cong., 1st Sess. 362 (1977), reprinted in 1978 U.S.Code Cong, and Ad.News 5787, 5862, 6318. In In re Neavear, 674 F.2d 1201, 1204 (7th Cir.1982), the court concluded that ‘section 106(c) ... waives the sovereign immunity of the United States with respect to questions relating to the dischargeability of debts owed to the [federal] government.’ Governmental creditors are for most purposes treated like other creditors, and there is no suggestion that the exemption provisions in section 522 are to apply to such creditors differently.” (emphasis added).”
2 later decisions quote this exact passage · from the majority“a lien obtained by confessed judgment is a judicial lien avoidable under § 522(f)(1) of the Code, and not a security interest or a statutory lien.”
2 later decisions quote this exact passage · from the majority“(c) Except as provided in subsections (a) and (b) of this section and notwithstanding any assertion of sovereign immunity— (1) a provision of this title that contains “creditor”, “entity”, or “governmental unit” applies to governmental units; and (2) a determination by the court of an issue arising under such a provision binds governmental units.”
1 later decision 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.