In re Mayer’s Empirical Analysis

Citation profile

4 federal appellate · 8 district ·

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

1. “‘‘limited in strict accord with the general tenor and spirit of the enactmom, and neither express nor intend an allowance for the defense of the bankrupt through the course of the proceedings in matters involving his personal liability. ® * * The duties to he performed by the bankrupt in the proceedings are prescribed in section 7, and all relate to attendance and service of presunvptivo benefit to the estate, with the possible exception of attending at ‘the hearing upon his application for a discharge.’ The preparation of schedules by the bankrupt in involuntary cases, and his attendance on compulsory examinations before the referee, are matters in discharge of his duty, for the benefit of the estate, and each may require the services of an attorney, for which the estate thus receiving the benefit is chargeable for reasonable compensation ; but, in conformity with the purposes of the, act, the allowance must be made ‘sparingly and with great caution.’ * * * The test for compensation out of the estate is whether the service is rendered in the performance of the bankrupt’s duty in aid of the estate and its administration, and not whether the bankrupt stands in need of the service of counsel for his personal benefit and protection in any of the proceedings. No sanction appears in any of the provisions for an allowance in the last-mentioned view, and its adoption would violate the general consistency of the act for securing economy in administration.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Brundin · In re Munford

2. ““The terms of the provision for the services of an attorney to the bankrupt in involuntary cases, while performing the duties herein prescribed, are thus limited in strict accord with the general tenor and spirit of the enactment,. and neither express nor intend an allowance for the defense of the bankrupt through the course of these proceedings in matters involving his personal liability, civil or criminal. The duties to be performed by the bankrupt in the proceedings are prescribed in section 7, and all relate to attendance and services of presumptive benefit to the estate, with the possible exception of attending at the hearing upon his application for a discharge. The preparation of schedules by the bankrupt in involuntary cases, and his attendance on compulsory examination before the referee, are matters in discharge of his duty for the benefit of the estate, and each may require the services of an attorney, for which the estate thus receiving the benefit is chargeable for reasonable compensation; but, in conformity with the purpose of the act, the allowance must be made sparingly and with great caution.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Goldville Mfg. Co.

3. ““The safer rule is that the bankrupt's attorney is only entitled to compensation out of the estate for services which, although performed for the bankrupt, are really in aid of the estate and its administration.””

   1 later decision quote this exact passage
   e.g. In re Taylor