Johnson v. Smith’s Empirical Analysis
501 F.3d 1163 · 2007
Citation profile
4 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 48 later decisions — most recently October 2023 · most notably Cadle Co. v. Pratt (2008), Johnson v. Smith (2009)
4 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. § 362 · 11 U.S.C. § 365 · 11 U.S.C. § 523 · 28 U.S.C. § 1291 · 28 U.S.C. § 158
Relies on Grogan v. Garner · Butner v. United States · Zenith Radio Corp. v. Hazeltine Research, Inc. · Kawaauhau v. Geiger · Herman & MacLean v. Huddleston
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Bankruptcy Code states: (a) Except as otherwise provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, ... operates as a stay applicable to all entities, of— (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; (2) the enforcement, against the debt- or or against property of the estate, of a judgment obtained 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; * * ❖ * * * (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title; í¡4 sfc ‡ (b) The filing of a petition under section 301, 302, or 303 of the title, ... does not operate a stay— if: ‡ ‡ (2) under subsection (a)— % if; % H* t'fi ‡ (B) of the collection of a domestic support obligation from property that is not property of the estate ... ‡ ‡ ‡ ^ $ (k)(l) Except as provided in paragraph (2), an individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys’ fees, an”
1 later decision quote this exact passage · from the majority“Willfulness is to be 'liberally construed to bolster the protections of the automatic stay,' and is 'designed to ensure compliance with the stay by encouraging creditors to seek relief from the court whenever they are on notice of even a potential stay violation'....”
1 later decision quote this exact passage · from the majoritye.g. In re Stringer“[s]tate law governs whether a property interest has been perfected”
1 later decision quote this exact passage · from the majoritye.g. In RE McALMONT
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.