In re Folkstad’s Empirical Analysis

Citation profile

8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The law of bankruptcy is what Congress has made it, and not ,what expediency and convenience might dosire.it. The statute is clear and unambiguous. It declares that certain persons, having committed an ‘act of bankruptcy,’ may on petition filed within four months thereafter be adjudged involuntary bankrupts. It expressly excepts persons engaged chiefly in farming or tillage. The effect is that these excepted persons cannot commit an ‘act of bankruptcy.’ An act is an ‘act of bankruptcy’ for the reason that ho who commits it can because thereof be adjudicated an involuntary bankrupt. “It is an ‘act of bankruptcy’ when the act is committed, or not at all. If the act is committed by ono who then is not of the class that the law says may be adjudicated an involuntary bankrupt, it is not an ‘act of bankruptcy,’ and furnishes no foundation for involuntary proceeding's. “No former occupation can make the act of an exempt person an ‘act of bankruptcy.’ No subsequent ehange of occupation can deprive the act of a nonexempt person of its quality as an ‘act of bankruptcy.’ The act takes color only from the bona fide occupation of the actor at the time it is committed, and not from his occupation prior or subsequent thereto. Otherwise, a farmer of ten years’ standing might be adjudicated an involuntary bankrupt because of debts incurred prior thereto in the vocation of merchant. By analogy, in reference to the time when insolvency is material, see West Co. v. Lea, 174 U. S. 598 , 19 S. Ct”

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