In re Stern’s Empirical Analysis

Citation profile

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

1. ““In respect of opposing the allowance of claims, find moving for their re' consideration after they have been allowed, the trastee .is not bound to comply with every request preferred by objecting creditors, irrespective of its merits; nor is he clothed with absolute discretion to refuse. As the representative of the estate, he is bound to exercise his judgment and to act for the best interests of all concerned but subject to the supervising power of the referee and the district judge. He does not act judicially, but only administratively, and, if he refuses to oppose a claim or to move for its reconsideration when he ought to do so, he may be compelled to act or to penult the objecting creditors to act in his name” — citing Chatfield v. O’Dwyer, supra, and In re Lewensohn, supra.”

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

2. ““In passing the order, now sought to be reviewed, the learned District Judge omitted a duty of supervision which cannot be put aside, and accorded to the action of the trustee a measure of consideration to which it is not entitled. Particularly is it apparent that the trustee's action was accorded undue consideration, when it is considered that from the inception of these proceedings he was represented and presumably advised by counsel who was also representing the creditor whose claim was challenged. Of course, this ought not to have been, no matter what may have been the belief of counsel respecting its propriety.””

   1 later decision quote this exact passage · from the majority
   e.g. Rosenbaum v. Dutton

3. ““That the trustee is in a position to know or ascertain the facts, and his determination of such a matter will not be controlled or interfered with at the instance of others, who have no right to interpose such objection or plea.””

   1 later decision quote this exact passage
   e.g. Rosenbaum v. Dutton