Thul v. Ophaug’s Empirical Analysis
1987
Citation profile
22 federal appellate · 9 district ·
How this case has been cited
Cited by 199 later decisions (1 by the Supreme Court) — most recently February 2021 · most notably Field v. Mans (1995), First National Bank of Olathe v. Pontow (1997)
22 federal appellate · 9 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. § 523
Relies on Consumer Product Safety Commission v. GTE Sylvania, Inc. · United States v. Turkette · Barclays American/Business Credit, Inc. v. Long · In Re Ira Laurence Hunter, Debtor. Edwin Schweig v. Ira Laurence Hunter · First National Bank v. Kimzey
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 199 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1) that the debtor made a representation; 2) that at the time the debtor knew the representation was false; 3) that the debtor made the representation deliberately and intentionally with the intention and purpose of deceiving the creditor; 4) that the creditor justifiably relied on such representation; and 5) that the creditor sustained the alleged loss and damage as the proximate result of the representation having been made.”
38 later decisions quote this exact passage · from the majority“(i) that is materially false; (ii) respecting the debtor’s ... financial condition; (iii) on which the creditor to whom the debtor is liable for such money, property, services, or credit reasonably relied; and (iv) that the debtor caused to be made or published with intent to deceive^]”
7 later decisions quote this exact passage · from the majority“false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial condition.”
4 later decisions quote this exact passage · from the majoritye.g. In Re Lane · McCallion v. Lane
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.