Collett v. Adams’s Empirical Analysis

Citation profile

32 federal appellate · 18 district · 3 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Whether the District Court has jurisdiction to grant any relief must be determined upon a consideration of the allegations of the bill and the amendment thereto. If there be enough of substance in them to require the court to hear and determine the cause, then jurisdiction should have been entertained. Looking to the allegation of the bill and the amendment, as we have stated them, it appears that the trustee invoked the aid of section 60b of the Bankruptcy Act, 32 Stat. 79®, * * * reiating to preferential transfers made within four months before the filing of the petition in bankruptcy, also section 67e, 30* Stat. 664, * *. * making fraudulent transfers within four months null and void, except as to persons acting in good faith, or for a present, fair consideration, and of section 70e of the act, 30 Stat. 566 , * * * providing that the trustee may avoid any transfer of the bankrupt’s property that any creditor might have avoided, and may recover the property, so transferred, or its value, from the person to whom it was transferred, unless he was a boná fide holder prior to the adjudication. “Since the amendments to the Bankruptcy Act of 1903 and June 25, 1910 ( 32 Stat. 79 '7; 36 Stat. 838 , c. 412) the District Courts of the United States are given concurrent jurisdiction with the state courts to set aside preferences under section 60b of the act, and fraudulent transfers within four months pri- or to the filing of the petition, under section 67e of the act, and transfers ”

   1 later decision quote this exact passage · from the majority
   e.g. Seymour v. El Cerrito Corp.

2. ““The amendments are couched in plain words and effect a material change in the jurisdiction of suits by trustees to avoid preferential transfers and recover the property or its value under section 60b [11 USCA sec. 96 (b)]. The exception ingrafted on section 23b [11 USCA sec. 46 (b)] takes such suits out of the restrictive provisions of that section; the sentence added to section 60b makes them cognizable in the courts of bankruptcy, as well as in such state courts as could have entertained them if bankruptcy-,had not intervened.””

   1 later decision quote this exact passage · from the majority
   e.g. Bryant's Trustee in Bankruptcy v. Stephens

3. ““The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to date of the adjudication. * * * “For the purpose of such recovery any court of bankruptcy as defined in this title, and any State court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction. ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. Bryant's Trustee in Bankruptcy v. Stephens