Hyman v. Plotkin’s Empirical Analysis
967 F.2d 1316 · 1992
Citation profile
30 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 149 later decisions (1 by the Supreme Court) — most recently July 2023 · most notably Schwab v. Reilly (2010), Yadkin Valley Bank & Trust Co. v. McGee (1993)
30 federal appellate · 4 district · 1 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
Relies on Taylor v. Freeland & Kronz · Harris v. Herman (In Re Herman) · Hyman v. Plotkin (In Re Hyman) · Reed v. Reed
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 149 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Based on this information, the Hymans did not sufficiently notify others that they were claiming their entire homestead as exempt property; their schedule only gave notice that they claimed $45,000 as exempt, which is the proper amount of their homestead allowance .... Thus, the trustee had no basis for objecting, and could well have suffered the bankruptcy judge’s ire had he objected to the $45,000 exemption to which the Hymans were clearly entitled.”
14 later decisions quote this exact passage · from the majority“[b]ecause the time to object is relatively short, see Bankr. Rule 4003(b), it is important that trustees and creditors be able to determine precisely whether a listed asset is validly exempt simply by reading a debtor's schedules. Given that the debtor controls the schedules, we construe any ambiguity therein against him.”
6 later decisions quote this exact passage · from the majority“any property that is exempt ... under State or local law that is applicable on the date of the filing of the petition.”
2 later decisions quote this exact passage · from the majority
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.