In Re Mitchell’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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Congressional intent to undo the “race to the Courthouse,” and the lack of a more involved statutory test, evidence Congress’ intent to prohibit the relit-igation of settled exemption disputes in the context of a § 522(f)(1) lien avoidance motion. Simply stated, if a judgment lien creditor does not properly litigate a debtor’s entitlement to the underlying exemption within the time frame established under BANKR.R. 4003(b) ... he is estopped from litigating that issue in the debtor’s ensuing motion under § 522(f)(1).”

   1 later decision quote this exact passage
   e.g. In Re Montgomery

2. “The trustee or any creditor may file objections to the list of property claimed as exempt within 30 days after the conclusion of the meeting of creditors held pursuant to Rule 2003(a) or the filing of any amendment to the list unless, within such period, further time is granted by the court....”

   1 later decision quote this exact passage
   e.g. In Re Montgomery

3. “... the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section ... [emphasis added]”

   1 later decision quote this exact passage
   e.g. In Re Frazier