Owen v. Owen’s Empirical Analysis
1989
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 23 later decisions (1 by the Supreme Court) — most recently April 2003
5 federal appellate ·
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.
Appellate journey
Relationships
Applies 11 U.S.C. § 350 · 11 U.S.C. § 522 · 11 U.S.C. § 541
Relies on Cooper v. State · Owen v. Owen (In Re Owen) · State v. Koehler · B. A. Lott, Inc. v. Padgett · 223 So. 2d 727 - Aetna Insurance Company v. LaGasse
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“found in section 522(f), indicating that an exemption to which the debtor would have been entitled includes either the federal or a state's exemptions. Id. The Court posed the question whether”
4 later decisions quote this exact passage · from the majority“He (the debtor) argues, though, that section 522(f) allows him to avoid the lien because he now qualifies for the homestead exemption and if the lien did not exist, he could claim the exemption. In effect, he argues that federal law gives him an exemption that state law would not, even though the exemptions in Florida are defined by-state law because of its “opting out” of the federal exemption. Congress did not intend through section 522(f), however, to provide a federal exemption greater than that protected by state law where the exemption is created by state law. The legislative history of section 522(f) indicates that Congress sought to protect debtors from the race to judgment often occurring just prior to a debtor filing bankruptcy. This is not the case here. The debtor never held this property exempt from this judicial lien.”
1 later decision quote this exact passage · from the majoritye.g. In Re Stone“unless the State law that is applicable to the debtor . . . specifically does not so authorize,”
1 later decision quote this exact passage · from the majoritye.g. Owen v. Owen
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.