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← 422 F.3d 298 - In the Matter of Vance Cole Chesnut v. Vance Cole Chesnut

In the Matter of Vance Cole Chesnut v. Vance Cole Chesnut’s Empirical Analysis

2005

Citation profile

60
cited by 60 later decisions
1
states following
August 2024
most recently cited

2 federal appellate · 1 district · 1 state decisions

How this case has been cited

Cited by 60 later decisions — most recently August 2024 · most notably Johnson v. Smith (2007), Sanchez v. Ameriquest Mortgage Co. (In Re Sanchez) (2007)

2 federal appellate · 1 district · 1 state decisions

350200520102020decided

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 Mathews v. Eldridge · Fuentes v. Shevin · Sniadach v. Family Finance Corp. of Bay View · Continental Illinois Nat Bank Trust Co of Chicago v. Chicago R I & P Ry Co · Connecticut v. Doehr

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

  1. “(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; (4) any act to create, perfect, or enforce any lien against property of the estate; (5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title;”
    3 later decisions quote this exact passage · from the majority
  2. “A willful violation does not require a specific intent to violate the automatic stay. Rather, the statute provides for damages upon a finding that the defendant knew of the automatic stay and the defendant’s actions which violated the stay were intentional. Whether the party believes in good faith that it had a right to the property is not relevant to whether the act was “willful” or whether compensation must be awarded.”
    3 later decisions quote this exact passage · from the majority
  3. “legal determination which frequently entails complex analyses involving a number of legal elements and a variety of facts.”
    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.