White v. Schoenfeld’s Empirical Analysis

Citation profile

16 federal appellate · 1 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`either that the bankrupt shall produce such records as are customarily kept by a person doing the same kind of business, or that he shall satisfy the bankruptcy court with adequate reasons why he was not in duty bound to keep them.'”

   4 later decisions quote this exact passage · from the majority
   e.g. In Re Caneva · In Re Caneva

2. ““Since Nix v. Sternberg, 8 Cir., 38 F.2d 611 , it has been uniformly held that, after the creditor has shown the absence of any adequate records, the burden falls upon the bankrupt of satisfying the court that his failure to produce them was ‘justified.’ Karger v. Sandler, 2 Cir., 62 F.2d 80 ; In re Underhill, 2 Cir., 82 F.2d 258 ; Koufman v. Sheinwald, 1 Cir., 83 F.2d 977 ; Rosenberg v. Bloom, 9 Cir., 99 F.2d 249 ; Hedges v. Bushnell, 10 Cir., 106 F.2d 979 . “What will justify failure depends largely upon how extensive and complicated the bankrupt’s business is—a cobbler will succeed with much less than a manufacturer—but the important change is that since 1926 no moral obliquity need be shown. Honesty is not enough; the law demands as a condition of a discharge either that the bankrupt shall produce such records as are customarily kept by a person doing the same kind of business, or that he shall satisfy the bankruptcy court with adequate reasons why he was not in duty bound to keep them.” (emphasis added.)”

   3 later decisions quote this exact passage · from the majority
   e.g. Suits v. Katsiroumbas (In re Katsiroumbas) · Gross v. Russo (In Re Russo)

3. ““I find that Sam Vitemb was individually engaged in the business of owning and operating a tourist court, known as Midway Courts, and had a gross income of approximately $3,600.00 per month, and approximately $800.00 net per month from September 30, 1952, to date of bankruptcy. “I find that Sam Vitemb failed to keep or preserve books of account or records from September 30, 1952, from which his financial condition and business transactions could be reasonably ascertained. “I find that Sam Vitemb failed to keep individual books or records from which his financial condition and business transactions could be reasonably ascertained. “I find that the failure to keep such books or records was not justified under the circumstances of the case.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Stalco TV & Appliance Co.