In re Hippler’s Empirical Analysis

Citation profile

2 federal appellate ·

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are not dealing here with an unsophisticated supplier of goods, and we feel that the Referee reached an altogether reasonable conclusion in light of the fact that Uniroyal is a nationwide merchandiser, fully equipped with every possible resource properly to issue credit. Indeed, as we have noted, the statement itself clearly establishes that it was an estimated declaration of condition as of February 1, 1966, and was not represented as a complete picture of current status based upon business records. “Uniroyal has failed completely to establish that the financial statement was issued by the bankrupt with intent to defraud; and, indeed, the bankrupt has shown, more than adequately and by a preponderance of the evidence, that he had no such intent. The ruling by the Referee is in all respects affirmed.””

   2 later decisions quote this exact passage
   e.g. Matter of Gibson · 409 F. Supp. 415 - In re Fleming

2. ““Intent; Meaning of Word ‘False.’ It has been held that an intent to defraud is essential; the word ‘false’ means more than erroneous or untrue and imports an intention to deceive, and a materially false statement in writing must have been knowingly or intentionally untrue to bar a discharge. Intention to deceive is always material as an element of proof, and, by the weight of authority, such intent is an essential element.” Collier on Bankruptcy, ¶ 14.40; see In Re Hippler, 278 F.Supp. 753, 755 (W.D.La., 1968).”

   2 later decisions quote this exact passage
   e.g. Matter of Gibson · 409 F. Supp. 415 - In re Fleming

3. ““(1) obtained money or property on credit or an extension or renewal of credit; (2) that he did so on a materially false statement respecting its financial condition; (3) that such statement was in writing; (4) that the statement was made or published, or caused to be made or published by the bankrupt or someone duly authorized by him; and (5), under the 1960 amendment, that the bankrupt was engaged in business and the money was obtained for the business. The determination of a case will often depend largely on its own particular facts.” Collier on Bankruptcy, ¶ 14.26 (Emphasis supplied).”

   1 later decision quote this exact passage
   e.g. Matter of Gibson