In re Torchia’s Empirical Analysis

Citation profile

6 federal appellate · 8 district · 2 state decisions

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. ““it seems to me that the only theory upon which such decision can rest is that the mortgagee is either in possession through his trustee, to wit, tlie assignee, under the deed of voluntary assignment, or entitled to such possession by tlie voluntary act of the assignor. Under the Bankruptcy Act of 1898, § 70 (Act of July 1, 1898, c. 541, 30 Stat. 565 (U. S. Compiled Statutes 1991, p. 3151), tlie trustee is vested with the title of the bankrupt mortgagor by act of law and not by the act of the bankrupt. The mortgagee is no nearer to the possession of the mortgaged premises after the election of a trustee than he was before. He could not have higher rights against the trustee than he had against tlie bankrupt.””

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

2. ““Prior to the amendment of 1903, tile courts generally held that the trustee was not entitled to a commission on money paid to secured creditors but was limited to ‘commissions on sums to be paid as dividends’ to unsecured creditors. This rule was changed by the act of 1903, which provided for commission ‘on all moneys disbursed.’ This was held to authorize a commission on moneys derived from the sale of property subject to liens. That this construction is the true one is settled by the act of 1910 which inserts in section 48 tlie words ‘or turned over to any person, including lienholders.’ ””

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