In re Conway’s Empirical Analysis
121 F.2d 972 · 1941
Citation profile
4 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 9 later decisions — most recently June 1973
4 federal appellate · 1 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 11 U.S.C. § 723
Relies on Cameron v. United States · Thummess v. Von Hoffman · In re Conway
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We think the debtor is equally mistaken in his conception of the purpose of an examination. * * * It is true that the statute is now mandatory when it used to be permissive. * * * The permissive statute gave the examining official some discretion in refusing or acceding' to a request. The change to command removed the referee’s discretion. It in no way altered the debtor’s duty [to attend creditors’ meetings and hearings]. Here again the latter may be said to have waived his right even if he had one. He never requested any examination or made any other attempt to explain his financial affairs to his creditors. He cannot, therefore, be prejudiced by the withholding of a right he never had and, even if he had, clearly waived. By the same token, the failure to examine does not nullify the rejection of the creditors who felt they had all the information they needed and so did not ask for more. [Footnotes omitted.]”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.