In re Haynsworth’s Empirical Analysis
34 F.2d 334 · 1928
Citation profile
3 federal appellate · 1 state decisions
How this case has been cited
Cited by 5 later decisions — most recently February 1981
3 federal appellate · 1 state decisions
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
Applies 11 U.S.C. § 103
Relies on 14 E.H. Smith 549 - Gillet v. . Bank of America · Gugel v. New Orleans Nat. Bank · Smith v. Mortgage & Debenture Co. · Oleon v. Rosenbloom & Co. · First Savings Bank & Trust Co. v. Stuppi
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where a note contains a provision for attorney’s fees, services rendered after the petition in bankruptcy is filed are not as a general rule allowable. By section 63 of the Bankruptcy Act (U.S.C. Title 11, § 103; 11 U.S.C.A. § 103 ) debt provable against an estate must be for a fixed liability absolutely owing at the time of the filing of the petition. Under this section, the cases hold that if a claim has been placed with an attorney for collection prior to bankruptcy, and collection proceedings are actually instituted, so that the attorney’s fees were a fixed liability at the time of the filing of the petition in bankruptcy, such a fee would constitute a proper debt against the estate of the debtor. But services rendered after the filing of the petition will not constitute such a claim; and where a note with attorney’s fees clause is secured by a mortgage of real estate or collateral pledged, and a petition in bankruptcy is filed before any action is taken to institute suit, and there is no contest over the validity of the note, nor the right of the owner to have the property sold and the proceeds applied to the satisfaction of the note, and the sale is made by the trustee, of the cases all hold that an attorney’s fees is not a proper claim and cannot be charged against the proceeds of the property. [citations omitted].”
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.