In re Crow’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. ““Every voluntary assignment made .by a debtor to any person in trust for bis creditors shall be for the benefit of all the creditors of the assignor, in proportion to their respective claims, after the payment of the expenses of the trust; except that property, or any part thereof, conveyed by the deed or assignment, and upon which there is a valid lien, shall be first applied to the discharge of the lien debt; and if the property is not sufficient to satisfy the lien, the lien creditor shall have the right to present the remainder of his debt unsatisfied by the lien property as a claim against the estate, and receive thereon his pro rata share of the assets in the same manner as creditors whose claims are not secured by a lien; except that debts due by the assignor as guardian, committee, trustee of an express trust created by deed or will, or as personal representative, shall be paid in full before the general creditors receive anything.””

   1 later decision quote this exact passage
   e.g. In re P. J. Potter's Sons

2. ““The bankrupt law does not in such eases supersede or mean to supersede; the operation of the state law. On the contrary, tlie bankrupt act expressly recognizes the existence of the state statute, and makes that statute the basis for allowing priority of xiayment to certain classes of claims agains the debtor. Its effect is, in the most manifest way, to keep alive such provisions of the state law as give priority of payment, and while tlie bankrupt law, speaking generally, does by its operations supersede the force of any state laws which conflict with it the case before ns presents an exception to the general rule, whereby the applicable provisions of tlie state law are expressly enforced through the bankruptcy act itself.””

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