Charnesky v. Urban’s Empirical Analysis
136 F.2d 296 · 1943
Citation profile
4 federal appellate · 2 state decisions
How this case has been cited
Cited by 14 later decisions — most recently July 2003
4 federal appellate · 2 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. § 110
Relies on Lockwood v. Exchange Bank · Fairbanks Steam Shovel Company v. Wills, Trustee in Bankruptcy of Federal Contracting Company · People ex rel. Esper v. Burns · Sparks v. Kuss · Stein v. Bostian
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.
“If creditors have claims against the exempt property the bankruptcy court is not open to litigate such rights. The bankruptcy court has only jurisdiction to set off the exemption to which a claim is made and to which the bankrupt is entitled. No interest in that property passes to the trustee, and the exempt property is no part of the assets of the bankrupt’s estate subject to administration in the bankruptcy court. If the creditor has any rights against such property claimed and set off to the bankrupt as exempt, the courts of the State are the proper forum to litigate such claims. Lockwood v. Exchange Bank, 190 U.S. 294 , 23 S.Ct. 751 , 47 L.Ed. 1061 ; Stein v. Bostian, 8 Cir., 133 F.2d 586, 589 .”
1 later decision quote this exact passage · from the majoritye.g. Matter of Zahn“of a creditor then holding a lien thereon by legal or equitable proceedings, whether or not such a creditor actually exists.”
1 later decision 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.