Miranda Soto Asociacion De Empleados Del Estado Libre Asociado De Puerto Rico’s Empirical Analysis

Citation profile

4 district · 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he earning power of an individual is the power to create property; but it is not translated into property within the meaning of the Bankruptcy Act until it has brought earnings into existence. An adjudication of bankruptcy, followed by a discharge, releases a debtor from all previously incurred debts, with certain exceptions not pertinent here; and it logically cannot be supposed that the act nevertheless intended to keep such debts alive for the purpose of permitting the creation of an enforceable lien upon a subject not existent when the bankruptcy became effective or even arising from, or connected with, preexisting property, but brought into being solely as the fruit of the subsequent labor of the bankrupt.”

   3 later decisions quote this exact passage · from the majority
   e.g. In Re Rumker · In Re Schneiderman

2. “The question of whether a wage assignment gives rise to a continuing lien is well settled. The accepted rule is that the assignment of future wages as security for a present debt does not constitute a lien within the meaning of the Bankruptcy Code. Local Loan Co. v. Hunt, 292 U.S. 234 , 54 S.Ct. 695 , 78 L.Ed. 1230 (1934); Seaboard Small Loan Corp. v. Ottinger, 50 F.2d 856 (4th Cir.1931); In re Morris, 333 F.Supp. 204 (E.D.Mich.1971); see also 1A Collier on Bankruptcy s 17.30 (14th Ed.1978). An assignment of wages can create a bankruptcy lien only when the wages have already been earned by the debtor. In re Dykes, 326 F.Supp. 998 (D.Kan.1970); In re West, 127- 28 F.R. 205 (D.Or.1904).”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Rumker

3. “Except as provided in subsection (b) of this section, property acquired by the estate or by the debtor after the commencement of the case is not subject to any lien resulting from any security agreement entered into by the debtor before the commencement of the case.”

   1 later decision quote this exact passage · from the majority
   e.g. Trust Co. Bank v. Walker (In Re Walker)