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← 182 F.2d 380 - Gotkin v. Korn

Gotkin v. Korn’s Empirical Analysis

182 F.2d 380 · 1950

Citation profile

16
cited by 16 later decisions
3
states following
September 2003
most recently cited

8 federal appellate · 3 state decisions

How this case has been cited

Cited by 16 later decisions — most recently September 2003

8 federal appellate · 3 state decisions

60195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Land US v. Dollar · Isaacs v. Hobbs Tie & Timber Co. · Dollar v. Land · Smith v. Chase Nat. Bank

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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““In the absence of any reference to the contrary in the order of sale, a bankruptcy sale is made subject to valid liens and other encumbrances, in which case the interests of the lien holders are in no way affected by the sale. * * * ****** “But when a sale free of liens is ordered, invariably the order provides for a transfer of all valid encumbrances from the res to its proceeds. The bankruptcy court has power to displace existing liens only to the extent to which it imposes them upon the proceeds * * (Footnote omitted.) 182 F.2d at 382 .”
    1 later decision quote this exact passage · from the majority
  2. ““[Tjhat when, as here, the bankruptcy court chooses to sell encumbered property subject to liens, it elects to sell only the bankrupt’s equity therein and so, in effect, declines to exercise its exclusive power to deal with the liens, and relegates their holders to the enforcement remedies which would have been available to them, had the lienee’s bankruptcy not occurred.””
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.