In re Paine’s Empirical Analysis

Citation profile

4 federal appellate · 3 district · 1 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This subdivision recognizes the power of the court to reopen estates whenever it appears they were, closed before being administered. Upon the proper showing of jurisdictional facts it is thp duty of the court to reopen the estate. The exercise of the power to reopen rests in the sound discretion of the court upon a consideration of all the circumstances. Lack of administration sole ground. The subdivision provides for the reopening of an estate only when closed before being administered. This is the only ground for the reopening of an estate. It becomes essential therefore to ascertain whether there has been a lack of administration before granting the application to reopen. The common cause is therefore the discovery of unadministered assets, and it has been held that the allegations of the petition to reopen must be such as to satisfy the court that such assets exist.””

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

2. ““It may well be that Congress could with wisdom have put into the clause ah exception covering cases where there had been a fraudulent concealment of assets; but that was a matter exclusively for Congress to determine, and not' for the courts to remedy. This court at least assumes no power to interpolate an exception, and thus put into the statute what Congress declined to embrace therein. The language of the clause is plain and unequivocal.- There is no ambiguity about it, and it admits of no construction. The decisions are equally clear to the effect that no proof of debt can be made after the expiration of one year after the adjudication, except in those instances where the period is extended by the act to not exceeding one year and six months.””

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

3. ““The power to reopen the case is given in one contingency only, namely, when it appears that the case was closed before being fully administered.””

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