Augustine v. United States’s Empirical Analysis
675 F.2d 582 · 1982
Citation profile
13 federal appellate · 2 district ·
How this case has been cited
Cited by 65 later decisions — most recently August 2013 · most notably Liming Central National Bank and Trust Company of Enid Oklahoma v. Liming, Dominion Bank v. Nuckolls (1985)
13 federal appellate · 2 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
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 362 · 11 U.S.C. § 522 · 11 U.S.C. § 541 · 11 U.S.C. § 701
Relies on Rector Etc of Holy Trinity Church v. United States · 102 S. Ct. 969 - United States v. Security Industrial Bank · State of Alabama v. State of Texas State of Rhode Island · Thorp Credit & Thrift Co. v. Pommerer (In Re Pommerer) · Smith
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“aggregate interest, not to exceed $750 in value, in any implements, professional books, or tools, of the trade of the debtor....”
3 later decisions quote this exact passage · from the majority“(b) ... (1) The debtor’s aggregate interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor. (2) ... (3)The debtor’s interest, not to exceed two hundred dollars ($200) in value in any particular item, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. (4) The debtor’s aggregate interest, not to exceed five hundred dollars ($500) in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. (5) The debtor’s aggregate interest, not to exceed in value four hundred dollars ($400) plus any unused amount of the exemption provided under paragraph (1), in any property- (6) The debtor’s aggregate interest, not to exceed seven hundred fifty dollars ($750) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.”
2 later decisions quote this exact passage · from the majority“(f) Notwithstanding any waiver of exemptions, the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled to under subsection (b) of this section, if such lien is— [[Image here]] (2) a nonpossessory, nonpurchase-mon-ey security interest in any— (A) household furnishings, household goods, wearing apparel, appliances, books, animals, crops, musical instruments, or jewelry that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor; (B) implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debtor [[Image here]]”
2 later decisions quote this exact passage · from the majoritye.g. Matter of Flake · In Re Neal
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.