Tabibian’s Empirical Analysis

Citation profile

3 federal appellate · 2 district ·

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

1. “The referee felt that the false answer in the petition was “cured” by his subsequent testimony at the first meeting of creditors. As a “rule of law,” stated broadly, the referee was incorrect. “The very purpose of the statement of affairs is to give dependable information without need of going further.” United States v. Stone, 2 Cir., 1960, 282 F.2d 547 , 553 and footnote 3. To warrant denial of a discharge, however, the misstatement must have been fraudulent; in determining the bankrupt’s state of mind, the referee was entitled to consider the later disclosure as some evidence of innocent intent.”

   3 later decisions quote this exact passage · from the majority
   e.g. LaVangie v. Mazzola (In Re Mazzola) · Zangen v. Glickman (In Re Glickman)

2. “The general rule as to the burden of proof in a contested discharge is that the objectors must make a prima facie case, i.e., establish “reasonable grounds for believing” that there was fraud, etc., at which point the burden shifts to the bankrupt to “satisfactorily explain” the questioned transactions ... It is true that a discharge is a privilege granted the honest debtor and not a right accorded to all bankrupts. In weighing the facts put forward in a contest over a discharge, however, a court should keep in mind the beneficial policy allowing the honest debtor to get a new start in business and life — and should construe § 14 strictly against the objectors and liberally in favor of the bankrupt.”

   1 later decision quote this exact passage · from the majority
   e.g. Chittenden Trust Co. v. Mayo (In Re Mayo)

3. “Since the District Court did not pass upon the Referee's findings because the Court erroneously construed the requirements of § 14c.(3), we are remanding the case to the District Court. Upon such remand the appellee may avail itself of the opportunity to challenge the Referee's findings. 19 Reversed and remanded. Notes: * Of the District Court for the Southern District of New York, sitting by designation 1 In this Circuit the findings of a referee in bankruptcy are to be upheld unless”

   1 later decision quote this exact passage · from the majority
   e.g. Ostrer