In re Kuhne’s Empirical Analysis

Citation profile

1 federal appellate · 1 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the former Act of 1898 frequent delays in the prosecution of applications for discharges were recognized as great abuses. The speed of the proceeding relative to discharge was largely dependent upon the diligence of the bankrupt. The bankrupt often sought to retard the discharge proceedings in the hope that creditors would become less zealous in objecting to his discharge. The Act of 1938 attempts to speed up the proceedings and to strip the bankrupt of much of his power to impede the progress of the suit. The bankrupt should normally be examined at the first meeting of the creditors; otherwise a meeting of creditors may be specially called for that purpose. Many of the creditors’ objections to the bankrupt’s right to a discharge are based upon information elicited from the bankrupt’s examination and upon facts found subsequently by independent investigation. For this reason it is now provided in the Act that the ‘court’ shall fix a time for the filing of objections to the bankrupt’s discharge after the bankrupt has been examined. “When the court fixes the time for the filing of objections to the bankrupt’s discharge, the court itself must give thirty days’ notice of this deadline by mail, to the creditors, to the trustee and his attorney, and to the United States attorney for the district. The court may, if it sees fit, extend the period for the filing of objections.””

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