In Re Fuller’s Empirical Analysis

Citation profile

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

1. ““The principle is well settled that a discharge in bankruptcy shall release a bankrupt from only those debts which are provable. The obvious question then becomes whether the debt as allowed to be added was provable. The Court finds in the negative. 11 U.S.C. § 103 (a)(7) is dispositive: ‘(a) Debts of the bankrupt may be proved and allowed against his estate which are founded upon ... (7) the right to recover damages in any action for negligence instituted prior to and pending at the time of the filing of the petition in bankruptcy... ’ [Emphasis added in text] “A literal construction of that language would lead to the conclusion that an action in negligence, to be provable, would have to be filed prior to and still be pending at the institution of the bankruptcy petition. The second civil action filed, sub judice, does not so qualify. This particular language is dealt with by Collier’s, and it is this reasoning to which the Court turns for its determination: ‘Clause (7) of § 63(a) now declares provable the mere “right to recover damages” in a negligence suit. Yet this right, in order to be provable, must have been asserted in a particular manner and at a particular time. An action must have been instituted prior to the time of filing of the petition in bankruptcy... It must still be pending when the petition in bankruptcy is filed.’ There is no other conclusion which can be reached from this excerpt. The Referee merely announced in his Order that the amendment was allowed wi”

   1 later decision quote this exact passage · from the majority
   e.g. Burnett v. Clark