In the Matter of Raymond Topper Raymond Topper’s Empirical Analysis
Citation profile
1 state decisions
How this case has been cited
Cited by 37 later decisions — most recently November 2017 · most notably In the Matter of Gerald A. Mascolo, Bankrupt (1974), Aetna Insurance Co. v. Nazarian (In Re Nazarian) (1982)
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 18 U.S.C. § 152
Relies on Dilworth v. Boothe · Thompson v. Eck · In re Wolf · Tancer v. Wales · In re Steinberg
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The bankruptcy schedules are prepared by counsel and indeed the Bankruptcy Act provides for the payment of a fee for counsel for the preparation of schedules. It is entirely understandable that a bankrupt may be guided by the opinion of his counsel as to what comes within the meaning of the provisions of the Bankruptcy Act — specifically what shall be included in the Schedules. We have held that the advice of counsel may be an excuse for inaccurate or false oath; Dilworth v. Boothe, 5 Cir.1934, 69 F.2d 621 ; Thompson v. Eck, 2 Cir., 1945, 149 F.2d 631 . In the latter case the court stated, at page 633: “There was proof that the bankrupt made out his schedules on his attorney’s advice. This is ordinarily enough to show the necessary (fraudulent) intent is lacking.” See also 1 Collier, Bankruptcy, Sec. 14.23 (14th ed. 1940).”
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.