In re Kross’s Empirical Analysis

Citation profile

8 federal appellate · 13 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This construction is further sustained by subdivision ‘d’ of section 60, which provides that the ‘payment of money or transfer of property to an attorney or counselor for services to be rendered in contemplation of the filing of a petition by or against a person * * * shall be re-examined by the court * * * and held valid only for a reasonable .amount to be determined by the court, the excess to go to the trustee.’ While by the general terms of the act the debtor is required to turn over all his unexempt property to the trustee, an exception is here created in favor of an attorney, to a reasonable amount, for services to be rendered to the debtor in bankruptcy, although this is valid so far only as subsequently approved by the court. The charges to be ‘approved’ are, I cannot doubt, for the same services which the ‘fee’ is.' designed to be allowed for, under section 64, subd. ‘b,’ par. 3. Both paragraphs are to be construed together, so that it becomes immaterial in the result whether the attorney obtains his compensation in the first instance from the bankrupt under section 60 refunding what, if. anything, is disallowed by the court, or whether he waits for an allowance by the court under section 64. The latter is evidently the more convenient and desirable practice; and, considering that prior payment for an attorney’s services to the bankrupt is expressly allowed by section 60, I cannot agree to any such construction of the act as would deprive the attorney of a proper co”

   1 later decision quote this exact passage
   e.g. In re Habegger

2. ““I have already stated the general nature o£ the services which I think are designed to be covered by the allowance. In voluntary cases, they are such as are indispensable to enable the bankrupt properly to bring his ease into bankruptcy, surrender his estate, and perform his duties for the benefit of cx’editors on the one hand, and to receive his discharge, if entitled to it, on the other. * * * They include the preparation of the necessary legal papers, procuring the adjudication and reference, bringing tbe debtor before tbe referee for sucb subsequent proceedings as may be required, making in due time tbe application for discharge, attendance before tbe judge and referee as may be needful, and throughout the proceedings keeping himself informed of their progress, and giving such attention to tbe essential steps In tbe bankrupt’s behalf as will secure to him a regular and valid discharge. These are the Ordinary attorney’s duties.””

   1 later decision quote this exact passage
   e.g. In re Christianson

3. ““Ordinarily I cannot regard attendance by counsel for tbe bankrupt at all tbe various examinations as necessary. Tbe restraints on discharge being confined to acts either criminal or most plainly fraudulent and wrong, tbe honest and straightforward debtor has rarely need of ‘counsel,’ unless falsely attacked, whep professional aid may become proper and necessary, and should then be compensated. There is often, however, too much interference and objection by the bankrupt’s attorney in the ordinary examinations in behalf of' creditors, which operates in every way injuriously.””

   1 later decision quote this exact passage
   e.g. In re Lane Lumber Co.