Bankr L Rep P 75226 in the Matter of Gerald E Geise Jr’s Empirical Analysis

Citation profile

7 federal appellate · 3 district · 1 state decisions

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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he purpose of section 522(b)(2)(A) is to afford a state an opportunity to substitute its judgment for that of the Congress with respect to what property ought to be excluded from the bankruptcy estate. Our basic task, therefore, is to discern the will of the state legislature: what was the exemption scheme that the legislature wished to make available to the state’s residents as an alternative to the federal exemptions set forth in the Bankruptcy Code?”

   2 later decisions quote this exact passage · from the majority
   e.g. Burciaga v. Moglia · In Re Sebio

2. “While state courts frequently refer to statutes which prohibit only certain forms of judicial process as “exemption” statutes, the term “exemption” conventionally connotes protection against all forms of process.... [I]t is appropriate, in our view, to give the word its common meaning in the absence of any legislative indication to the contrary.”

   2 later decisions quote this exact passage · from the majority
   e.g. Burciaga v. Moglia · In Re Mayer

3. “determine[ ] what is property of the estate by a simple reference to what interests in property the debtor has at the commencement of the case. This includes all interests, such as ... tangible and intangible property, choses in action, [and] causes of action ... whether or not transferable by the debtor.”

   1 later decision quote this exact passage · from the majority
   e.g. Integrated Solutions, Inc. v. Service Support Specialties, Inc.