Fischer v. Pauline Oil & Gas Co.’s Empirical Analysis

Citation profile

27 federal appellate · 12 district · 54 state decisions

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

1. ““ * * * Accordingly, although in this case, Treadway filed his voluntary petition in-bankruptcy, and was adjudicated a bankrupt on May 3, 1944, which was only five days after the summons of garnishment was served upon the plaintiffs (garnishees) — so that the lien of the garnishment might have been avoided in an appropriate proceeding by a trustee in bankruptcy acting in the interest of creditors, provided the debtor was insolvent at the time when such lien was obtained, or the bankruptcy court might have ordered the lien preserved for the benefit of the estate — the petition as filed by the present plaintiffs, seeking to set ■aside the default judgment against themselves as garnishees, does' not purport to serve any purpose recognized by the bank ruptcy act, and the plaintiffs do not show any right to invoke its provisions. They are debtors rather than creditors of the bankrupt, and would therefore have no interest whatever in avoiding the lien for the benefit of such creditors. Nor are we concerned here with any right of the bankrupt, for it does not appear that the debt owed to him by garnishees was set apart to him as an exemption. Furthermore, he is not complaining. “This court has several times said that the effect of section 67, sub. f, of the National Bankruptcy Act is not to avoid the levies and liens therein referred to against all the world, but only as against the trustee in bankruptcy and those claiming under him. * * * “One thing is now clear, and that is, the f”

   3 later decisions quote this exact passage · from the majority
   e.g. Credit Service Corp. v. Bagley · United States v. Walton

2. “Bankruptcy courts have summary jurisdiction to adjudicate controversies relating to property over which they have actual or constructive possession. And the test of this jurisdiction is not title in but possession by the bankrupt at the time of the filing of the petition in bankruptcy.”

   2 later decisions quote this exact passage · from the majority
   e.g. Cotton Belt Insurance v. Arnold · Second National Bank v. Blake

3. “safe guards of (former) Rule 611 could be subverted by permitting assignments in that junior lien-holders might be deprived of notice and chance for hearing.” The concept of "preservation” of an avoided lien is nowhere fleshed-out in the Code and cases involving lien preservation do not reach the question of “what” is preserved. We reserve for future consideration whether "preservation” of a lien enhances the enforcement rights of the trustee and whether "preservation” affects the applicable state time limitations on lien enforcement. 8 . Under the former Bankruptcy Act, authority to preserve an avoidable lien for the benefit of the estate was scattered throughout various provisions enacted during the long history of the law. See §§ 60b, 67a(3), 67c(2), 67d(6), and 70e(2). Former Bankruptcy Rule 611 was enacted to supplement these provisions by providing that "whenever any transfer is voidable by the trustee, the court may determine, in an adversary proceeding in which are joined persons claiming interests or rights in the property subject to the transfer whether the transfer shall be avoided only or shall be preserved for the benefit of the estate.”

   1 later decision quote this exact passage · from the majority
   e.g. Waldschmidt v. Metals (In Re Ward)