In Re Goodwin’s Empirical Analysis
1988
Citation profile
How this case has been cited
Cited by 14 later decisions — most recently August 2006
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. § 522
Relies on Hall v. Finance One of Georgia Inc. · Hill v. First National Bank · Florida Bar v. Newman · In Re Andrew S. Bland and Sonia J. Bland, Debtors. Finance One v. Andrew S. Bland and Sonia J. Bland · Alu v. State, Department of Taxation & Finance
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The express terms of the Florida homestead exemption fully protect the debt- or’s residence from judicial liens.... Under Florida law, the homestead exemption of real property is subordinate to only two kinds of judgment or execution liens: (a) a lien which came into existence before the property acquired homestead status, [citation omitted], and (b) a lien: ‘for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty.’ Fla. Const., Art. X, § 4(a). ... [Thus,] [in] Florida, a judicial lien which is presently unenforceable against exempt real property does not impair the exemption. [Citation omitted]. ... I believe that the declaration by a court of a right fully enunciated and provided for in the Florida Constitution, Art. X, § 4, and claimed by a debtor in a bankruptcy case and unchallenged, is duplicative and, therefore, unnecessary.””
1 later decision quote this exact passagee.g. In Re Jackson“The proper application of § 522(f)(1) involves situations where the debtor claims either the federal exemptions or particular state exemptions for real property in which the dollar amount is limited and which do not by their express terms exempt property from forced sale or execution under a valid lien. In such situations, the hens unless avoided would, in fact, impair such exemptions, and could be enforced under § 522(c)(2).”
1 later decision quote this exact passagee.g. In Re Epstein“(f) Notwithstanding any waiver of exemptions, 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....”
1 later decision quote this exact passagee.g. In Re Watson
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.