In Re Babcock’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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The key language in 11 U.S.C. 522(f) which allows the debtor to avoid the fixing of a lien on an interest in property to the extent such lien impairs an exemption is: ‘to which the debtor would have been entitled under subsection (b) of this section.’ This language is important because the power to avoid a lien under 522(f) is linked to 522(b). Section 522(b) is the subsection which gives the power to the States to enact their own exemption statutes and preclude the exemptions provided in 522(d) of the Bankruptcy Code. Therefore, the language in 522(f) which allows the debtor to avoid liens on property ‘to which the debtor would have been entitled under subsection (b)’ means property exempt under State law when the State has taken the option to prohibit the Bankruptcy Code exemptions in favor of its own exemptions. In this case State .law prohibits avoiding a lien on exempt property where there is a valid chattel mortgage. The exempt status of household items under Louisiana Revised Statutes 13:3881 is changed to non-exempt status by 13:3885. The property described in 522(f) is not an exemption to which the debtor is entitled. Thus 522(f) could not apply to this situation.””

   1 later decision quote this exact passage
   e.g. Cowan v. Cowan (In Re Scott)

2. ““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 ... if such lien is— (1) a judicial lien ...””

   1 later decision quote this exact passage
   e.g. Cowan v. Cowan (In Re Scott)

3. ““... an individual debtor may exempt from property of the estate either— ****** (2XA) any property that is exempt under ... State or local law that is applicable on the date of the filing of the petition ...””

   1 later decision quote this exact passage
   e.g. Cowan v. Cowan (In Re Scott)