In re McLam’s Empirical Analysis

Citation profile

4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Tlie provisions of section <>7 of this act are contrasted with those of the former act * * * as more favorable in this respect. That act .avoided a conveyance made within four months ‘with a view to give a preference’ to a person ‘having reasonable cause to believe’ the bankrupt to be insolvent; and that the conveyance was being made in fraud of the act. The latter act avoids such conveyances by the bankrupt ‘with the intent and purpose on his part to hinder, delay, or defraud his creditors, or any of them.’ A conveyance to one creditor of what would otherwise, under the provisions of the act, go to all would hinder and defraud the others and amounts to a preference, contrary to the purpose of the act, as much as if the word ‘preference’ had been used in this act as it was in the former. This provision of the latter act is more prohibitive than that of tlie former, for no reasonable cause of belief of insolvency and fraud, on tlie act, by the person receiving the preference, is necessary to avoid it. The purpose and intent of the bankrupt only is looked at and, if contrary to tlie act, is sufficient. The question seems to have been considered as if it arose at common law, or under statutes of fraudulent conveyances, where securing any creditor is allowable, and not as arising under a bankrupt law, where any intended preference among creditors is forbidden and avoided. Such a mortgage of the last available property within eight days of filing a voluntary petition and sc”

   1 later decision quote this exact passage · from the majority
   e.g. Walters v. Zimmerman