Castañer v. Mora’s Empirical Analysis
234 F.2d 710 · 1956
Citation profile
14 federal appellate · 3 district ·
How this case has been cited
Cited by 34 later decisions — most recently September 1989 · most notably In Re Khalil and Shahin Chinichian, Debtors. Khalil and Shahin Chinichian v. Attilio Campolongo (1986), American Anthracite & Bituminous Coal Corp. v. Arrivabene (1960)
14 federal appellate · 3 district ·
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
Relies on Josiah Coder v. William Arts · Wayne United Gas Co. v. Owens-Illinois Glass Co. · Pfister v. Northern Illinois Finance Corp. · Wales ex rel. Wales Trucking Co. v. United States · Central Illinois Co. v. Irving Trust Co.
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On the other hand, if a referee is a court at all, there is no warrant for saying because an appeal lies from its orders, that he has not the ancient and elementary power to reconsider those orders, nor the faintest reason why he should not do so. That power is of course limited in duration when there are terms of court, but in bankruptcy there are none.... As to a referee’s being a court, not only ‘may’ he be the ‘court of bankruptcy,’ ... he is affirmatively “invested ... with jurisdiction to ... perform such part of the duties ... as are by this act [title] conferred on courts of bankruptcy and as shall be prescribed by rules or orders of the courts of bankruptcy of their respective districts....” Thus it seems to us a perversion of General Order 27 ... to seize upon the mere chance that appeals from referees were called ‘reviews,’ and use it to strip them of powers so common and so necessary to the reasonable exercise of their jurisdiction. Why it is desirable that their orders, ruat coelum, should be as immutable as the Twelve Tables, once the ink is dry, we cannot understand.”
2 later decisions quote this exact passage · from the majority““Claims which have been allowed may be reconsidered for cause and reallowed or rejected in whole or in part according to the equities of the case, before but not after the estate has been closed.””
2 later decisions quote this exact passage · from the majority““(6) When the trustee or any creditor or the bankrupt or debtor shall desire the reconsideration of any claim allowed against the estate, he may apply by petition to the referee to whom the case is referred for an order for such reconsideration, and thereupon the referee shall make an order fixing a time for hearing the petition, of which due notice shall be given by mail addressed to the creditor. At the time appointed the referee shall take the examination of the creditor, and of any witness that may be called by either party, and if it shall appear from such examination that the claim ought to be expunged or diminished, the referee may order accordingly.” (Emphasis added.) General Order in Bankruptcy No. 21(6).”
1 later decision quote this exact passage · from the majoritye.g. In re Cote
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.