Garner v. Strauss’s Empirical Analysis
952 F.2d 232 · 1991
Citation profile
5 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 50 later decisions — most recently August 2015 · most notably Abramowitz Dds v. Palmer (1993), Benn v. S
5 federal appellate · 2 district · 2 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
Applies 11 U.S.C. § 522 · 11 U.S.C. § 541
Relies on Samore v. Graham · Napotnik v. Equibank and Parkvale Savings Association · Otto F. Stifel's Union Brewing Co. v. Saxy · Grosslight Liberty State Bank and Trust v. Grosslight
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(h) Notwithstanding subsection (f) of this section, the trustee may sell both the estates’s interest ... and the interest of any co-owner in property in which the debtor had, at the time of the commencement of the case, an undivided interest as ... tenant by the entirety, only if— (1) partition in kind of such property among the estate and such co-owners is impracticable.”
3 later decisions quote this exact passage · from the majoritye.g. In Re Meyer · In Re Spears“(j) after a sale of property ... the trustee shall distribute to the debtor’s spouse ... and to the estate, the proceeds of such sale ... according to the interests of such spouse ... and of the estate.”
3 later decisions quote this exact passage · from the majority“any property that is exempt from attachment and execution under the law of the state of Missouri,”
3 later decisions quote this exact passage · from the majoritye.g. Benn v. Cole (In Re Benn) · In Re Charles Benn, Jr., Debtor, Charles Benn, Jr. v. James S. Cole, Steven Mohrhard, Jennifer Mohrhard, Debtors, Steven Mohrhard, Jennifer Mohrhard v. James S. Cole, John Cruciani, Patricia Brown, Kevin Checkett, Fredrich J. Cruse, Jerald Enslein, Janice A. Harder, George Johnson, Jere Loyd, Dan Nelson, Aunna L. Peoples, Robert A. Pummill, John Reed, Norman E. Rouse, Maureen Scully, Janice Stanton, David C. Stover, Bruce Strauss, Thomas J. O'neal, Robert J. Blackwell, Thomas Dewoskin, Chapter 7 Trustees, National Association of Bankruptcy Trustees, Amici on Behalf Of
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.