In re Walker’s Empirical Analysis

Citation profile

6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Subdivision ‘b’ of- section 55 of the bankruptcy act (Act July 1, 1898, e. 541, 30 Stat. 560 [U. S. Comp. St. 1901, p. 3442], provides as follows: ‘At the first meeting of creditors the judge or referee shall preside, and before proceeding with the other business may allow or disalloty the claims of creditors there presented, and may publicly examine the bankrupt or cause him to .be examined, at the instance of any creditor.’ Section 21 ’of the act also provides that a court of bankruptcy may, upon application oN any creditor, require Tie bankrupt to appear in court to be examined concerning his acts, conduct, or property. The question raised before the referee defends upon the meaning of the term ‘creditor,’ as employed in these sections. Bisection 1 of the act it is provided that, unless the same be inconsistent with hire context, the word, ‘creditor’ shall be construed to include ‘any one who ownk a demand or claim provable in bankruptcy.’ There is nothing in the context which requires a restricted meaning of the term as employed in the sections above quoted. Throughout the act, whenever the word is used in a narrow sense, apt language is employed to indicate such an intention. For example, only those whose claims have been allowed are permitted to vote for the trustee (section 56), or share in the dividends (section 65), or determine whether a composition shall be accepted (section 12b). These are some of the cases in which the context shows that the term ‘creditor’ is u”

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

2. ““Was there sufficient evidence before the referee to show that the creditor had a provable claim against the estate? I think there was. The claim was listed by the bankrupt as a debt which he was owing, and he was required by section 7 of the act (Bankr. Act July 1, 1898, c. 541, 30 Stat. 518 [U. S. Comp. St. 1901, p. 3425]) to state under oath the amount of the claim, and the consideration out of which it arose. This, of course, would not establish the claim, nor the right of the creditor to share in dividends; but as to such matters as the examination of the bankrupt, and as against, him, it certainly makes oujt at least a prima facie case that the claim exists and is provable against the estate.””

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