In re Wakefield’s Empirical Analysis

Citation profile

1 federal appellate · 3 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Any natural person, except a wage earner, or a person engaged chiefly in farming or the tillage of the soil, * * may be adjudged an involuntary bankrupt.’ “The act itself! does not otherwise specify the time when the status of the bankiupt is to be determined. Some of the District Courts have construed it to refer to the time ■of the commission of the act of bankruptcy, rather than of the tiling of the petition, going upon the idea that the law should not be so construed as to permit the bankrupt, by a change of occupation between the commission of the act of bankruptcy and the filing of the petition, to defeat the operation of the law. The same reasoning would seem to demand a construction of! the law that would prevent the bankrupt from incuiring debts and acquiring assets in a nonexempt occupation, and then by ceasing to do business in such occupation, and engaging in an exempt ■occupation, and thereafter committing an act of bankruptcy, io defeat the operation of the law. This construction would require that the status of the bankrupt in this respect be determined as of the period during which he was engaged in the business in which be contracted the debts And acquired or owned the assets subject to administration.””

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

2. ““The status of an alleged bankrupt as to Ms occupation is to be determined as of the period when he contracted the debts to be proved and acquired the property to be administered, and, where he was at that time engaged in mercantile pursuits he cannot defeat the operation of the law by thereafter engaging in an exempt occupation.””

   1 later decision quote this exact passage · from the majority
   e.g. Harris v. Tapp