In re Gutwillig’s Empirical Analysis

Citation profile

18 federal appellate · 22 district ·

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

1. ““We entertain no doubt that a voluntary general assignment, _ with or without preferences, made by an insolvent debtor, within the prescribed four months, is fraudulent, and intended by him to hinder, delay, and defraud creditors, within the meaning of section 67.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Salmon & Salmon · Feder v. Goetz

2. ““Sec. 60. Preferred Creditors. — a. A person shall be deemed to have given a preference if, being insolvent, he has procured, or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class. “b. If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee and he may recover the property or its value from such person.” “See. 67. Liens. — d. Liens given or accepted in good faith and not in contemplation of, or in fraud upon this act and for a present consideration, which have been recorded according to law, if record thereof was necessary in order to impart notice, shall not be affected by this act. “e. That all conveyances, transfers, assignments or incumbrances of his property, or any part thereof, made or given by a person adjudged a bankrupt under the provisions of this act subsequent to the passage of this act, and within four months of the filing of the petition, with the intent and purpose on his part to hinder”

   1 later decision quote this exact passage · from the majority
   e.g. Coder v. Arts

3. ““These provisions manifest unmistakably the intention of congress not only not to permit preferences to lie acquired upon the bankruptcy of a debtor when he is about to become a bankrupt, but also to annul all dispositions of Ms property, except to innocent purchasers, .which will defeat the rights of creditors to a distribution by the instrumentalities and according to the scheme of the bankrupt act. ⅜ * * This clause must be interpreted in a sense which harmonizes with the general intent of the section as gathered from the other clauses.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Emslie