In re Castleberry’s Empirical Analysis

Citation profile

5 district · 2 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““I have hesitated considerably, in view of the peculiar facts in this case, as to whether a case was not made under section 2S30 of the Code of Georgia of 1895, for denying the homestead on the ground that the bankrupt has not acted in perfect good faith. I think, however, a careful examination of the section referred to, and the decisions of the Supreme Court of the state on the question, that the first part of section 2830, which requires the bankrupt to act in perfect good faith, is qtialified by what follows in the section, and that the good faith required is in making a full and fair disclosure of his personal property. The whole language of the section, I think, shows this, and it is especially shown by the following: “ ‘The debtor guilty of willful fraud in the concealment of part of his property from his creditors, of which he is possessed when he seeks the benefit of the exemption, shall, on account of his fraud, lose the benefit of such exemption, and Ms property shall be subject to the payment of all just debts which he owed at the time such fraud was committed,' etc. “It is in the making of a full and fair disclosure of property that good faith is required.””

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