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OpenJurist
← 561 BR 132 - In re Martinez

In re Martinez’s Empirical Analysis

2016

Citation profile

2
cited by 2 later decisions
March 2018
most recently cited

Relationships

Applies 11 U.S.C. § 362 · 11 U.S.C. § 524 · 12 U.S.C. § 2605 · 15 U.S.C. § 1692 (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692K (Sherman Antitrust Act)

Relies on United Student Aid Funds, Inc. v. Espinosa · Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A. · Havelock v. Taxel · In Re Thomas James Dyer · Dawson v. Fa

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

  1. “[T]he Ninth Circuit has crafted a strict standard for the actual knowledge requirement in the context of contempt before a finding of willfulness can be made. This standard requires evidence showing the alleged contemnor was aware of the discharge injunction and aware that it applied to his or her claim. Whether a party is aware that the discharge injunction is applicable to his or her claim is a fact-based inquiry which implicates a party’s subjective belief, even an unreasonable one.”
    1 later decision quote this exact passage

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.