Dee's Inc’s Empirical Analysis

Citation profile

1 district · 2 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining priorities when one trustee is claiming property under Section 70, sub. e and another is defending his right to it under Section 70, sub. c, we must look to the law upon which the Section 70, sub. e right is based. First it must be decided whether under that law actual provable claims against the bankrupt exist. Next a conclusion must be reached as to whether that law, i.e., the law on which the Section 70, sub. e right is based, affords a method or way of cutting off these claims. If no method exists for wiping out the power of avoidance vested in the trustee of the bankrupt who made the transfer, then that trustee must prevail. Finally, if a method exists for obliterating the power of avoidance of the transferor trustee then it must be determined whether the status asserted under Section 70, sub. c by the transferee trustee was perfected prior to the establishment of the right of avoidance set up in the transferor trustee by Section 70, sub. e.”

   1 later decision quote this exact passage · from the majority
   e.g. Castellani v. Owens (In Re Standard Law Enforcement Supply Co. of Wisconsin)

2. “Dee’s trustee is in the position of such a transferee [for value without notice of an outstanding equity or a defect in the title of the transferor] for the following reasons. The sequence of events, found by the Referee in Bankruptcy and not challenged by Dion’s trustee, demonstrates that no action was brought on any claim of Dion’s creditors in any court, Common Pleas or bankruptcy, until after Dee’s petition for an arrangement had been filed. Dion’s petition in bankruptcy was filed subsequently to Dee’s petition. From this we must conclude that the status of Dee’s trustee under Section 70, sub. c was in esse before any position was asserted by Dion’s trustee under Section 70, sub. e. Dion’s trustee’s outstanding equities, if any, arising from the purported fraudulent transfer, were cut off.”

   1 later decision quote this exact passage · from the majority
   e.g. Castellani v. Owens (In Re Standard Law Enforcement Supply Co. of Wisconsin)

3. “Under Section 70, sub. c of the Bankruptcy Act, 11 U.S.C.A. § 110 , sub. c, the trustee was vested with all the rights of a judgment-creditor of the bankrupt to which the assets of United Upholsterers (transferor) had been conveyed. Subdivision c provides that: “The trustee, as to all property in the possession or under the control of the bankrupt at the date of bankruptcy or otherwise coming into the possession of the bankruptcy court, shall be deemed vested as of the date of bankruptcy with all the rights, remedies, and powers of a creditor then holding a lien thereon by legal or equitable proceedings, whether or not such a creditor actually exists.” Id. at 164 .”

   1 later decision quote this exact passage · from the majority
   e.g. 345 F. Supp. 1076 - In Re Gruber Industries, Inc.