Glenny v. Langdon’s Empirical Analysis

Citation profile

17 federal appellate · 22 district · 52 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 168 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Creditors can have no remedy which will reach property fraudulently conveyed, except through the assignee [now trustee in bankruptcy], for two reasons: 1. Because all such property, by the express words of the Bankruptcy Act, vest in the assignee [trustee] by virtue of the adjudication in bankruptcy and of his appointment. 2. Because they cannot sustain any suit against the bankrupt.”

   3 later decisions quote this exact passage · from the majority
   e.g. McKenna v. Simpson · In Re Clark

2. ““What the complainant claims as against the assignee is that he, the assignee, refused to institute the suit, or to allow his name to he used for the purpose. He claims no interest in the property of the bankrupt adverse to the assignee; and if he did, the claim could not be sustained for a moment, as the entire property' is transferred to the assignee to be converted into money for distribution. . . . “ ‘Debts due’ to the bankrupt, as well as all Ms rights of action, vest in the assignee by virtue of the adjudication in bankruptcy, and the appointment of the assignee as the representative of the bankrupt. . . . “Congress, in framing the Bankrupt Act, it is believed intended to provide instrumentalities for its complete execution, and such as are sufficient to carry it into full effect. . . . “Authority for a creditor to bring suit to recover the property or rights of property of the bankrupt, under any circumstances, is certainly not given in the Bankrupt Act, nor is any such pretense set up by the complainant. “Enough has been already remarked to show that the Bankrupt Act makes it the express and positive duty of the assignee to collect and distribute all the assets of the bankrupt, including property fraudulently conveyed prior to the decree of bankruptcy,. “Neither the assignee nor any creditor can have any greater right under the Bankrupt Act than the act itself confers; . . . for if one creditor may sue in such a case, then all may sue. . . . “Prima facie the bankrupt ”

   1 later decision quote this exact passage · from the majority
   e.g. McIlvaine v. City National Bank & Trust Co.

3. ““Sec. 28. Jurisdiction of United States and State Courts, (a) The United States circuit courts shall have jurisdiction of all controversies at law and in equity, as distinguished from proceedings in bankruptcy, between trustees as such and adverse claimants concerning tlni property acquired or claimed by the trustees, in the same manner and. to the same extent only as though bankruptcy proceedings had not been instituted and such controversies had been between the bankrupts and such adverse claimants, (b) Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, (c) The United States circuit courts shall have concurrent jurisdiction with the courts of bankruptcy, within their respective limits, of the offenses enumerated in this act.””

   1 later decision quote this exact passage · from the majority
   e.g. Perkins v. McCauley