Aulick v. Largent’s Empirical Analysis
295 F.2d 41 · 1961
Citation profile
23 federal appellate · 1 district ·
How this case has been cited
Cited by 42 later decisions — most recently September 2013 · most notably In the Matter of Compton Corp., Debtor. Walter Kellogg, Trustee v. Blue Quail Energy, Inc., and Mbank Abilene, N.A. (1988), Mack v. Newton (1984)
23 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 Dean v. Davis · National Bank of Newport v. National Herkimer County Bank of Little Falls · Van Iderstine v. National Discount Co. · Ernst v. Mechanics' & Metals Nat. Bank of New York · Citizens' Nat. Bank v. Lineberger
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) The provisions of section 96 of this title to the contrary notwithstanding and except as otherwise provided in subdivision (c) of this section, statutory liens in favor of employees, contractors, mechanics, or any other class of persons, and statutory liens for taxes and debts owing to the United States or to any State or any subdivision thereof, created or recognized by the laws of the United States or any State, may be valid against the trustee, even though arising or perfected while the debtor is insolvent and within four months prior to the filing of the petition initiating a proceeding under this title by or against him. (c) (1) The following liens shall be invalid against the trustee: (A) every statutory lien which first becomes effective upon the insolvency of the debtor, or upon distribution or liquidation of his property, or upon execution against his property levied at the instance of one other than the lienor; (B) every statutory lien which is not perfected or enforceable at the date of bankruptcy against one acquiring the rights of a bona fide purchaser fx-om the debtor on that date, whether or not such purchaser exists: Provided, That where a statutory lien is not invalid at the date of the bankruptcy against the trustee under subdivision (e) of section 110 of this title and is x-equired by applicable lien law to be perfected in order to be valid against a subsequent bona fide purchaser, such a lien may nevertheless be valid under this subdivision if perfecte”
5 later decisions quote this exact passage · from the majority““ (1) making or suffering a transfer of his property, (2) to or for the benefit of a creditor, (3) for or on account of an antecedent debt * * *, (4) while insolvent, and (5) within four months of bankruptcy * * *, (6) the effect of which transfer will be to enable the creditor to obtain a greater percentage of his debt than some other creditor of the same class.” Collier, Bankruptcy, (14th Ed., 1964) Sec. 60.02, p. 758, supra.”
2 later decisions quote this exact passage · from the majority“[P]references obtained by indirect or circuitous arrangements are to be struck down just as quickly as those obtained by direct arrangements.”
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.