In re Kane’s Empirical Analysis

Citation profile

9 federal appellate · 7 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A .court of bankruptcy is a court of equity, seeking to administer tlie law according to its spirit, and not merely by its letter. The bankruptcy act provides that it shall not affect the allowance to bankrupts of the exemptions prescribed by the state laws at the time of the filing of the petition. * * * The statute of Illinois, after exempting certain specific property, exempts $100 worth of other property, to be selected by the debtor, and, in addition when the debtor is the head of a family, and resides with the same, $300 worth of other property, to be selected by the debtor. It is insisted that the bankrupt is not entitled to his exemption because he had not claimed specific-articles of property. The bankruptcy act allows the exemption which the state law provided, and these laws, from motives of public policy, should he liberally construed. Courts of bankruptcy are not controlled as to the time or the manner in which claims for exemptions may he preferred in bankruptcy. " * * The purpose of the state statute of exemptions was to allow the debtor property to a certain amount for the support of his family, that they should not be cast destitute upon the world. It is true that statute provided that the debtor should select the articles. The bankruptcy law allowed that exemption, recognizing the public benefit of such exemption. But the manner of its allowance is reserved to the bankruptcy court, and its action is not controlled by the specific manner of allowance prescri”

   1 later decision quote this exact passage
   e.g. In re Andrews & Simonds

2. ““Courts of bankruptcy arc not controlled as to the time or the manner in which claims for exemptions may be preferred in bankruptcy. The exemptions provided by the law of the state are allowed by the bankruptcy act, but the manner of claiming such exemptions, and of setting apart and awarding them, is regulated by the bankruptcy act.””

   1 later decision quote this exact passage
   e.g. Bank of Nez Perce v. Pindel

3. ““A court of bankruptcy Is a court of equity, seeking to administer the law according to its spirit, and not merely by its letter.””

   1 later decision quote this exact passage
   e.g. Johnson v. Norris