In re Hagin’s Empirical Analysis
21 F.2d 434 · 1927
Citation profile
2 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 14 later decisions — most recently February 1984
2 federal appellate · 4 district · 3 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. § 103 · 11 U.S.C. § 107
Relies on Swift v. Tyson · Burgess v. Seligman · Liverpool & Great Western Steam Co. v. Phenix Insurance · Josiah Coder v. William Arts · Dushane v. Beall
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The mortgage creditor has a right to rely on his security and disregard the bankruptcy proceeding. He may abandon it and prove the whole debt as unsecured or he may be admitted only as a creditor for the balance remaining after the deduction of the value of the security. In the two last cases, of course, he must make proof of debt, but there is nothing in the law to compel him into the proceeding. Black on Bankruptcy (1st Ed.) § 566, p. 1196. “The presumption is therefore that legal service on the mortgagee’s behalf by an attorney at law is not necessary therein. “It is the duty of the referee and the trustee and the creditors in meeting to determine whether the mortgaged or otherwise incumbered property of the bankrupt is of sufficient value to satisfy the known, valid, secured claims, and provide a surplus or equity in which they may share, or whether it is without value to the estate for the benefit of the general creditors, and is therefore an onerous or burdensome asset. (Citing cases) “In the first case, the trustee should proceed to liquidation by sale of the property. In the second, the referee should not permit the trustee to do so, but should order him to release and surrender possession and control, thus enabling the mortgage creditor to foreclose or otherwise proceed legally in the proper court. Where the property is retained for administration for the benefit of the general creditors, the act makes all commissions payable out of the general estate. (Citing cases”
1 later decision quote this exact passage · from the majority““No mortgage or privilege on immovable property, or debt for which preference may he granted by law, shall affect third persons”
1 later decision quote this exact passage · from the majoritye.g. In re Hagin
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.