Blair v. Brailey’s Empirical Analysis

Citation profile

18 federal appellate · 5 district · 15 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Two of the prime aims of the Bankruptcy Act are to make provisions for the application to the satisfaction of an insolvent’s debts of so much of his property as is subject to be so applied, and to afford him the opportunity, conditioned upon his compliance with the requirements of the act, of securing a discharge from the liabilities which his debts imposed.- Congress took notice of the fact that courts without bankruptcy jurisdiction may be, and constantly are, resorted to for the enforcement of the demands of creditors, and specified the extent to which what may have been done to that end in such other courts should be avoided by an adjudication of bankruptcy. So far as the first above mentioned object of the Bankruptcy Act is concerned, the jurisdiction of the court of bankruptcy is not made so paramount that an adjudication of bankruptcy terminates the right of another court to continue to administer property which, four months or more before the filing of the petition in bankruptcy, had been brought within its grasp under its process for the satisfaction of demands duly asserted against the party subsequently adjudged bankrupt. As has been shown above, the act withholds from the court of bankruptcy the right to draw to itself the administration of property * * * which is so situated. We are referred to the ruling made in Bank of Andrews v. Gudger, 212 Fed. 49 , 128 C. C. A. 505 , as supporting a conclusion at variance with the one just stated. It- was held in tha”

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

2. ““The general rule prevails to prevent any interference even by a court of bankruptcy with another coúrt’s control over property which rightfully has been subjected to its jurisdiction, if that jurisdiction attached more than four months before the petition in bankruptcy was filed. Pickens v. Roy, 187 U. S. 177 , 23 Sup. Ct. 78 , 47 L. Ed. 128 . It is not ‘all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent,’ which, under the provisions of section 67 of the Bankruptcy Act [Act July 1, 1898, c. 541, 30 Stat. 564 (Comp. St. 1913, § 9651)], are to be deemed null and void, but only such levies, judgments, etc., so obtained ‘at any time within four months prior to the filing of a petition in bankruptcy.’ Where a valid judicial lien or levy has been secured or made four months or more prior to the bankruptcy, proceedings to enforce the same may be prosecuted to the end. Metcalf v. Barker, 187 U. S. 165 , 23 Sup. Ct. 67 , 47 L. Ed. 122 ; In re Koslowski (D. C.) 153 Fed. 823 .””

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