Benich v. Benich’s Empirical Analysis
1987
Citation profile
14 federal appellate · 2 district · 5 state decisions
How this case has been cited
Cited by 95 later decisions — most recently November 2019 · most notably In Re Sampson (1993), Brody v. Brody (1993)
14 federal appellate · 2 district · 5 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. § 523 · 11 U.S.C. § 727
Relies on Brown III v. Felsen · Sea-Land Service, Inc. v. Federal Maritime Commission · Long v. Calhoun · Nunnally v. Nunnally
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Bankruptcy Code requires the bankruptcy court ... to determine the true nature of the debt, regardless of the characterization placed on it by the parties’ agreement or the state court proceeding. The bankruptcy court may, therefore, consider extrinsic evidence to determine the real nature of the underlying obligation in order to determine its dischargeability. [The Court should consider many of the factors listed above.] These [factors] are not legal criteria, as they are characterized by the parties, but relevant evidentiary factors that assist the bankruptcy court as trier of fact in determining the true nature of the debt created by the agreement.”
3 later decisions quote this exact passage · from the majority“that the payments were intended as a substitute for any right Mrs. Benich would otherwise have had in Mr. Benich's future military retirement benefits.”
2 later decisions quote this exact passage · from the majority“The Court further finds that the judgment entered against RAYNALDO GARZA in favor of DONNA L.GARZA in the amount of $123,750.00 represents her interest in and to RAYNALDO GARZA’s existing contractual agreement between OSCAR DE LA HOYA and RAYNALDO GARZA which forms the basis of the settlement agreed to by the parties in the Federal Court Lawsuit under Cause Number SA-95-CA-0861; RAYNALDO GARZA V. OSCAR DE LA HOYA et al., in the United States District Court for the Western District of Texas, San Antonio Division. The Court further considered the further needs and support for Movant, DONNA L. GARZA finding that this was the primary asset of the parties marital estate and was awarded fifty five percent (55%) of this asset.”
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.