Goodman v. Goodman’s Empirical Analysis

Citation profile

4 federal appellate · 5 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 9 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. ““In tins ease the bankrupt did not waive his exemptions, and he had, notwithstanding his omission to sot forth his claim in the schedules, a clear legal right to the exemptions allowed by the laws of the state of Alabama; and we think he had a legal right to prefer his claim in the bankruptcy proceedings at any seasonable time while the property remained in the hands of the trustee unaffected by adverse rights.””

   1 later decision quote this exact passage
   e.g. Brandt v. Mathew

3. ““The fact that a bankrupt has given notes in which he waived his right to exemptions does not give the bankruptcy court jurisdiction to administer Ms exempt property, nor affect Ms right to have the same set apart to Mm.””

   1 later decision quote this exact passage
   e.g. In re Ziff