In re Stolp’s Empirical Analysis

Citation profile

6 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) The debts to have priority, except as herein provided, and to be paid in full out of bankrupt estates, and the order of payment shall be'\ . . (3) the cost of administration, . . . and’ one reásonable attorney’s fee for the professional services actually rendered, irrespective of the number of attorneys employed, to the petitioning creditors in involuntary cases, to the (bankrupt in involuntary cases while performing the duties herein prescribed, and to the bankrupt in”

   2 later decisions quote this exact passage
   e.g. Conrad v. Pender · In re Klein-Moffett Co.

2. ““It was urged before the auditor that the services were not of the kind mentioned in section 64 of the act, and therefore could not be allowed. But the two sections have no necessary connection. * * * Section 64 defines the debts which are to have priority and be paid in full by virtue of the statute itself, without regard to any act or agreement of the parties. The services of an attorney included in this class are those ‘actually rendered * * * while performing the duties herein prescribed.’ The services referred to in section 60 [U. S. Comp. St. § 9644], on the contrary, are those ‘to be rendered,’ which are paid for in advance ‘in contemplation of the filing of a petition by or against’ the bankrupt. Such fees are not determined by the statute and allowed in full out of the bankrupt estate, as the other class are, but depend both as to payment and amount on the acts of the parties, and what the statute does is to recognize the validity of their payment, but subject the reasonableness of the amount to the supervision of the court. The services of the plaintiff belong to this class. They were none the less rendered in contemplation of the filing of a petition in bankruptcy, because directed primarily and principally to the prevention of such petition. A man is usually very much in contemplation of a result which he employs counsel to avoid.” We agree with the reasoning and conclusion of the case just cited. The rule contended for by the trustee would make extremely difficul”

   1 later decision quote this exact passage
   e.g. In re Lang

3. ““If a debtor shall, directly or indirectly, in contemplation of the filing of a petition by or against him, pay money or transfer property to an attorney and counselor at law, solicitor in equity, or proctor in admiralty for services to be rendered, the transaction shall be re-examined by the court on petition of the trustee or any creditor and shall only be held valid to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the trustee for the benefit of the estate.” (Italics inserted.)”

   1 later decision quote this exact passage
   e.g. In re Klein-Moffett Co.