Harbour Huffman v. M Perkinson N’s Empirical Analysis

Citation profile

2 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury, in a case under title 11 or in a proceeding arising under title 11 or arising in or related to a case under title 11, that is provided by any statute in effect on September 30, 1979. (b) The bankruptcy court may order the issues arising under section 303 of title 11 to be tried without a jury.”

   2 later decisions quote this exact passage · from the dissent
   e.g. American Community Services, Inc. v. Wright Marketing, Inc. (In Re American Community Services, Inc.) · Ellenberg v. Bouldin

2. “It is true that in determining seventh amendment rights we examine issues rather than cases. Ross v. Bernhard, 396 U.S. [531] at 538, 90 S.Ct. [733] at 738 [[970], Here, however, the issues we examine relate to the restructuring of the debtor-creditor relationship in bankruptcy. American courts have held core bankruptcy proceedings to be equitable from the beginning of our system of bankruptcy. Now, Congress also has determined that actions such as the trustee’s in this ease are core bankruptcy proceedings requiring summary disposition by a bankruptcy judge. As such, they assume the historical equitable posture of all such bankruptcy proceedings, and the litigants involved in these actions have no seventh amendment right to a trial by jury.”

   1 later decision quote this exact passage · from the dissent
   e.g. Weeks v. Kramer (In Re Weeks Securities, Inc.)

3. “First, the language of section 157(b)(2)(F) and (H) does not limit the proceedings to avoid preferences and fraudulent transfers only to these proceedings authorized by sections 547 and 548 of the Bankruptcy Code. It embraces state avoidance laws and includes them as part of the bankruptcy proceedings (footnote omitted). The legislative history of section 157(b) certainly demonstrates that this was the intent of Congress. Moreover, section 544(b) gives trustees in bankruptcy the same authority to avoid transfers that an unsecured creditor would have under state law.”

   1 later decision quote this exact passage · from the dissent
   e.g. Hudgins v. Shah (In Re Systems Engineering & Energy Management Associates, Inc.)