Clem v. Johnson’s Empirical Analysis
185 F.2d 1011 · 1950
Citation profile
14 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 30 later decisions — most recently September 2007 · most notably Simmons v. Savell (1985), In the Matter of Gerald Lewis Tarnow Appeal of Commodity Credit Corporation
14 federal appellate · 1 district · 1 state decisions
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
Applies 11 U.S.C. § 105
Relies on United States Nat Bank in Johnstown v. Chase Nat Bank of New York City · Fish v. East · De Laney v. City of Denver · Dickinson v. Orr
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The court is without authority to compel a creditor to file his claim ... a creditor may rely entirely on his security. The filing of a claim in bankruptcy is not essential to the preservation of a lien. The failure to file a proof of claim does not affect the creditor’s right to the security.”
1 later decision quote this exact passage · from the majority“Unless the collateral is in the possession of the bankruptcy court or the trustee, the secured creditor does not have to file a claim.”
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.