In re Burg’s Empirical Analysis

Citation profile

6 federal appellate · 3 district · 1 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The list filed by defendant, showing his creditors at the dato of filing of the petition, discloses 2-4, not including the plaintiff. Only 8 of them were for sums more than §100; the highest being for §252.56, and 12 of them for sums under $5. These small claims were current accounts for groceries, drugs, dry goods, milk, gas and oil, telegrams, telephone bills, water, light and gas bills, etc., such as are contracted to bo paid for from month to month. Such creditors are practically secured, as their bills have to be paid from month to month before further necessities can be obtained. The Bankruptcy Law is never invoked for such small creditors, who themselves have adequate remedies for the collection of their accounts by cutting off further supplies. As to these accounts I think the maxim, ‘De minimis non curat lex,’ applies.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Branche · Denham v. Shellman Grain Elevator Inc

2. ““It the contention of the respondent is to be sustained, the involuntary feature of the Bankruptcy Act would be a dead letter; for any insolvent who desired to prefer some of Ids creditors, leaving out one or two, could always manage to have as many as 20 creditors by purchasing for his personal use and * his family small things amounting to sums ranging, as in the case et bar. from 10 cents to $2, and having them charged. By paying them the succeeding month, after he had made some small purchases, to be charged again, it would always leave a number of creditors ready to be used whenever proceedings of this kind are instituted against him. It is hardly reasonable to suppose that creditors of that kind, who feel secure in having their bills promptly paid, would want to incur the risk of losing a good customer in order to join a bona fide creditor to institute proceedings In bankruptcy. A11 laws must bo given a reasonable construction, and for this reason the claims hereinbefore recited must be disregarded in determining the number of the creditors of Mr. Blount at the time these proceedings wei'o instiluted, and if this is done it clearly appeared that there were less than 12 creditors.””

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