Gerhardt v. R’s Empirical Analysis
Citation profile
20 federal appellate · 5 district ·
How this case has been cited
Cited by 93 later decisions — most recently April 2022 · most notably Carrieri v. Jobs.Com Inc. (2004), Educational Credit Management Corp. v. Polleys (2004)
20 federal appellate · 5 district ·
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
Relies on Brunner v. New York State Higher Education Services Corp. · In the Matter of Jerry L Roberson Appeal of Illinois Student Assistance Commission · Pennsylvania Higher Education Assistance Agency v. Faish · Hornsby · In Re: Nanci Anne Long
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) that the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for [himself] and [his] dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good faith efforts to repay the loans.”
14 later decisions quote this exact passage · from the majority“review[s] the decision of a district court, sitting as an appellate court, by applying the same standards of review to the bankruptcy court's finding of fact and conclusions of law as applied by the district court.”
3 later decisions quote this exact passage · from the majority“This second aspect of the test is meant to be “a demanding requirement.” Thus, proving that the debtor is “currently in financial straits” is not enough. Instead, the debtor must specifically prove “a total incapacity ... in the future to pay [his] debts for reasons not within [his] control. ””
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.