Powell v. Leavitt’s Empirical Analysis

Citation profile

6 federal appellate · 15 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Claims shall not be proved against a bankrupt estate subsequent to one year after the adjudication or if they are liquidated by litigation and the final judgment therein is rendered within thirty days before or after the expiration of such lime, then within sixty days after the rendition of such judgment.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Peck · In re Peck

2. ““Tlio phrase ‘liquidated by litigation’ is general, and the object of tlie ex ception which is made to the statutory limit of time is plainly to allbw the proof of a claim after the expiration of a year by a creditor who during that time was engaged in litigation with the bankrupt’s estate concerning its liability to him. In a sense the debt evidenced by the promissory notes held by Powell had already been liquidated. Apart from bankruptcy proceedings, Powell could have sued Noel at law for their face value. It may be that, pending the litigation he could have proved his claim in bankruptcy as a secured claim, leaving his proof to he amended iu case his mortgage was avoided. Hutchinson y. Otis, supra. But to prove during litigation a claim which cannot he allowed unless the creditor fails in the litigation is but an empty formality. If the security is as large as the debt, it is a formality which can hardly be accomplished under the rules and with the forms which have been provided. Notice of the claim is given in effect by the litigation, and, if the preferred creditor is not to bo deprived of his proof altogether, there seems no good reason why he should not offer it immediately after the litigation is ended. The substantia] amount of Powell’s claim, the amount, for which he could seek allowance and upon which he could demand a dividend here, remained uncertain until the validity of the mortgage had been settled.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Standard Telephone & Electric Co.

3. ““It the final judgment therein is rendered within thirty days before the-expiration of such time or at any time thereafter.””

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