In Re Polumbo’s Empirical Analysis
1967
Citation profile
2 district · 8 state decisions
How this case has been cited
Cited by 25 later decisions — most recently March 2016 · most notably Lintz West Side Lumber Inc Farmers Merchants Bank of Fort Branch Indiana (1981), 283 F. Supp. 620 - In Re Trahan (1968)
2 district · 8 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
Relies on Isaacs v. Hobbs Tie & Timber Co. · Meyer v. Fleming · Thomas v. Lurie · Nalder v. Federal Land Bank · Jefferson Standard Life Insurance v. United States
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he trustee in bankruptcy is not obliged to accept property so encumbered with liens as to be burdensome to the estate. As a rule, the trustee should abandon or disclaim all assets encumbered in excess of their value. Abandonment by the trustee of an asset immediately revests title to that asset in the bankrupt. Once he has elected to abandon an asset, the trustee is absolutely precluded from later reclaiming it, even if a subsequent increase in its value would make it of benefit to the estate. Since abandonment has no effect upon the validity of the liens encumbering the property, the practical effect of the election is to remove the asset entirely from the jurisdiction of the bankruptcy court. It is simply a declaration by the trustee that the bankrupt estate wants nothing further to do with the property and that the lienors are free to proceed against it just as they normally would under applicable state law.”
4 later decisions quote this exact passage · from the majority“These sections give real estate taxes a priority over the payment of the proceeds of a foreclosure sale. They direct that the foreclosure trustee may satisfy all outstanding tax deficiencies before distributing proceeds, and in the event that this section fails, it is provided that the delinquent taxes shall remain a debt outstanding against the purchaser at the sale.”
1 later decision quote this exact passage · from the majoritye.g. In re Rosenblum“There shall be a lien on real estate for the payment of taxes . . . assessed thereon prior to any other lien or encumbrance .... The purchaser at a sale shall see that the proceeds are applied to the payment of all taxes, the provisions of § 55-59.4 notwithstanding ....”
1 later decision quote this exact passage · from the majoritye.g. In re Rosenblum
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.