Kaufhold’s Empirical Analysis
Citation profile
1 federal appellate · 1 district ·
How this case has been cited
Cited by 16 later decisions — most recently March 2014
1 federal appellate · 1 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 Taylor v. Kaufhold · Morris Plan Industrial Bank v. Henderson · Rakonick v. Hamilton Brown Shoe Co. · Willoughby v. Jamison · Matter of Willis C Pioch Willis C Pioch
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A false oath made by a bankrupt in relation to proceedings in bankruptcy, sufficient to justify denial of discharge, must be ‘knowingly and fraudulently’ made; it is sufficient that the bankrupt knows what is true and, so knowing, wilfully and intentionally swears to what is false; the false oath must be to an untrue statement in a matter material to an issue which is itself material to the proceeding; the making of a false oath is sufficient to justify an inference of an intent to defraud creditors; the burden of proof is on the objecting creditor to make out a prima facie case, but once he has done so the burden shifts to the bankrupt; a finding that an oath was ‘knowingly and fraudulently’ made is in the nature of an ultimate finding of fact, and although it is subject to review free of the impact of the so-called ‘clearly erroneous rule’ applicable to ordinary findings of fact by the trier of the facts, nevertheless, it cannot be disturbed if the evidence on which it is premised measures up to the applicable standard of legal proof.” 1”
1 later decision quote this exact passage · from the majority“[T]he State Court’s action was an integral part of the bankruptcy proceedings inasmuch as it sought to make assets of the bankrupt available to his creditors; that the Trustee in Bankruptcy had been authorized by the Bankruptcy Court to join in the institution of the State Court action; and that the oath taken by the bankrupt to his Answer was ‘in relation to a bankruptcy proceeding.’”
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.