9 F. Supp. 57 - In Re Klein’s Empirical Analysis

Citation profile

7 federal appellate · 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Section 75, under which the present proceeding was brought, was enacted by Congress March 3, 1933, for the purpose of aiding farmers to procure extensions or compositions with their creditors, and it is therein provided in subdivision (o), 11 US CA § 203 (o) that suit shall not be instituted or maintained in any court against the farmer or his property, after the filing of the petition, for foreclosure of a mortgage on land or for cancellation, rescission, or specific performance of an agreement for sale of land or to recover possession of land. Under subdivision (n), 11 USCA § 203 (n) the filing of the petition subjects the farmer and his property, wherever located, to the exclusive jurisdiction of the court, and the court’s jurisdiction is the same as if a voluntary petition for adjudication had been filed. “These sections extend the jurisdiction of the bankruptcy court in the respects mentioned, but they are silent as to any power in the court to take possession of and administer real property, the possession of which another court has, prior to filing of the petition, directed should be delivered to a third person. Congress has not vested in the court of bankruptcy any right to sit as a court of review of a final judgment obtained in a state court fixing property rights. It is vested with jurisdiction to stay suits brought to recover dischargeable debts and to stay proceedings upon judgments obtained within four months prior to the filing of .petition to recover discharg”

   1 later decision quote this exact passage
   e.g. Compton v. Birnie Trust Co.

2. ““after purchasing this property for the total amount of its mortgage and claim against the mortgagors, was no longer a creditor of the Kleins, but a purchaser of the premises with a vested right to become an absolute owner of the premises, or, in lieu thereof, the payment of its bid by the redeemer, (citing cases). Lapse of time alone would vest the insurance company with absolute title in the absence of redemption. The debtors, however, had an equity of redemption under the laws of this state, and were entitled to the possession of the premises during the one year period of redemption. It is evident therefore that the only right or interest in this property which became subject to the exclusive jurisdiction of the Bankruptcy Court was the right of redemption.””

   1 later decision quote this exact passage
   e.g. Northwestern National Bank of Minneapolis v. Minnesota Urban Developers, Inc. (In Re Minnesota Urban Developers, Inc.)

3. ““The (Sheriff’s Certificate of Sale) shall be recorded within 20 days after such sale and when so recorded, upon expiration of the time for redemption, shall operate as a conveyance to the purchaser of his as-signee of all the right, title, and interest of the mortgagor in and to the premises named therein at the date of such mortgage, without any other conveyance.””

   1 later decision quote this exact passage
   e.g. Northwestern National Bank of Minneapolis v. Minnesota Urban Developers, Inc. (In Re Minnesota Urban Developers, Inc.)