In re Schenkein’s Empirical Analysis

Citation profile

2 federal appellate · 4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A creditor with an attachment, obtained and permitted by his debtor while insolvent, may not follow up his attachment with a petition for an adjudication of bankruptcy against his debtor, based upon the same claim, without a formal release of his levy. Such an attachment must be treated as a preference within the meaning of the provisions of the bankrupt law, and as a lien ‘sought and permitted in fraud of the provisions of this act,’ in the language of section 67c [U. S. Comp. St. 1901, p. 3449], and the claim is not provable unless the preference is surrendered, as required by section 57g [U. S. Comp. St. 1901, p. 3443]. In such a case the filing of the petition ■cannot be considered an unconditional release of the attachment.””

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

2. ““A creditor of an alleged bankrupt, who obtains an attachment, has, in substance and effect, a lien on the property until the attachment is vacated, or becomes null and void by the adjudication, and to such extent, and up to that period, must be deemed to have a preference, and, therefore, not a provable debt, and, the attachment not being surrendered, has no standing to maintain a petition in involuntary bankruptcy.””

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