Jones v. Emblem, Inc.’s Empirical Analysis

Citation profile

2 state decisions

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

1. ““While the general rule stated supra subdivision a of this section is that under the Bankruptcy Act liens obtained by legal or equitable process or proceedings within four months before the filing of a petition in bankruptcy are voidable, they are not voidable as against all the world, or as to other lienors or third parties; but they are voidable only as against the trustee in bankruptcy and those claiming through or under him, and these provisions generally may be availed of by the trustee only, for the benefit of the bankrupt estate, or by some other person having a right against it under the Bankruptcy Act. “Such a lien is not dissolved by an adjudication in bankruptcy, where a trustee in bankruptcy has not been appointed; and, moreover, the provision of the Bankruptcy Act invalidating a bond given to dissolve such a lien, within the four-month period, confers no right on the bankrupt to assert the invalidity of the lien, but vests that right solely in the trustee. Further, such a lien is not avoided, under these provisions, as against the bankrupt himself or his assignee, even though the trustee has not asserted title to the bankrupt’s property; nor can the bankrupt alone invoke a judgment annulling a lien so obtained, except that in states in which the adjudication in bankruptcy does not dissolve the lien if the property involved is exempt therefrom, see infra § 249, the lien may be attacked by the bankrupt if the property is exempt from such lien. It has been held that”

   1 later decision quote this exact passage
   e.g. Marks v. Demarest

2. ““Every lien against the property of a person obtained by atttachment, judgment, levy, or other legal or equitable process or proceedings within four months before the filing of a petition initiating a proceeding under this title by or against such person shall be deemed null and void (a) if at the time when such lien was obtained such per son was insolvent or (b) if such lien was sought and permitted in fraud of the provisions of this title: Provided, however, That if such person is not finally adjudged a bankrupt in any proceeding under this title and if no arrangement or plan is proposed and confirmed, such lien shall be deemed reinstated with the same effect as if it had not been nullified and voided.””

   1 later decision quote this exact passage
   e.g. Marks v. Demarest

3. ““ * * * While the Bankruptcy Act, in specifying the effect that an adjudication of bankruptcy will have on a lien, expressly states that it is ‘null and void,’ these words have been the source of some confusion; but there is now general agreement that an adjudication in bankruptcy does not automatically void a lien; the lien becomes voidable if the proper and necessary steps are taken, and thus the filing of a petition in bankruptcy does not automatically annul liens obtained within four months so as to make them subject to collateral attack.””

   1 later decision quote this exact passage
   e.g. Marks v. Demarest