In Re Atlantic Business and Community Corporation’s Empirical Analysis
901 F.2d 325 · 1990
Citation profile
26 federal appellate · 17 district · 1 state decisions
How this case has been cited
Cited by 226 later decisions — most recently September 2022 · most notably University Medical Center v. Sullivan (1992), Jove Engineering, Inc. v. Internal Revenue Service (1996)
26 federal appellate · 17 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. § 541 · 28 U.S.C. § 1291
Relies on United States v. Whiting Pools, Inc. · Modjeski & Masters, Applicant, V · 48th Street Steakhouse, Inc. v. Rockefeller Group, Inc. · Budget Service Co. v. Better Homes of Virginia, Inc.
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 226 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A “willful violation” does not require a specific intent to violate the automatic stay. Rather, the statute provides for damages upon a finding that the defendant knew of the automatic stay and that the defendant’s actions which violated the stay were intentional. Whether the party believes in good faith that it had a right to the property is not relevant to whether the act was “willful” or whether compensation must be awarded.”
18 later decisions quote this exact passage · from the majority“(h) An individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.”
18 later decisions quote this exact passage · from the majority“(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 debtor 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; (4) any act to create, perfect, or enforce any lien against property of the estate[.]”
4 later decisions quote this exact passage · from the majority
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.