Clark v. O'Neill’s Empirical Analysis
711 F.2d 21 · 1983
Citation profile
8 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 90 later decisions — most recently February 2017 · most notably Samore v. Graham (1984), Velis v. Kardanis (1991)
8 federal appellate · 5 district · 1 state decisions
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 Warren v. Taff (In Re Taff) · In Re Donaghy · Matter of Kochell · In Re Clark
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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The majority concludes that *[t]he exemption of juture payments ... demonstrates a concern for the debtor's long-term security which is absent from the statute.’ I have substantial doubts that the majority has correctly assessed congressional intent, for the distinction required by the majority’s reason ing effectively penalizes self-employed individuals for the form in which their retirement assets are held. The majority’s holding will not affect employee pension and annuity plans created by employers, because the assets of such plans would not be included in the debtor’s estate under section 541, and thus cannot be reached by the trustee. The assets of a Keogh plan, in contrast, are clearly assets of the estate. (Footnote omitted) Thus Congress’ putative lack of concern for the long-term security of the debtor works to the detriment only of self-employed debtors — a result I find inconsistent with Congress’ manifest solicitude for retirement benefits for self-employed individuals.””
24 later decisions quote this exact passage · from the concurrence“'not be left destitute and a public charge.'”
13 later decisions quote this exact passage · from the majority“for the purposes of the Debtor's retirement, in accordance with the intent and purpose of the pension under 11 U.S.C. § 522 (d)(10)(E).’’ Debtor has misconstrued both the intent and application of the exemption under § 522(d)(10)(E). The exemption applies to the present right to receive payments, not future retirement and it is necessary for the Debtor to demonstrate to the Court that the funds are reasonably necessary for the support of the Debtor and his dependents. The Debtor has ignored the standard of”
1 later decision quote this exact passage · from the concurrencee.g. In Re Comp
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.