Rosenberg v. Bloom’s Empirical Analysis

Citation profile

11 federal appellate · 1 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Prior to the 1926 amendment the Act provided that destruction of or failure to keep books did not prevent discharge unless it was with intent to conceal the bankrupt’s financial condition. Karger v. Sandler, 2 Cir., 1932, 62 F.2d 80 . But by the 1926 amendment the words ‘with intent to conceal his financial condition’ have been deleted from the statute, and the words ‘unless the court deem such failure or acts to have been justified, under all the circumstances of the case’ have been added. The effect of this change has been to take the burden of proving ‘intent to conceal’ from the objecting creditor or trustee, and to place the burden of proving justification upon the bankrupt. Nix v. Sternberg, 8 Cir., 1930, 38 F.2d 611, 612 . “Each case stands on its own facts with respect to whether or not the bankrupt has sustained the burden of justification which the statute places upon him for failure to keep or destruction of adequate records. * * * And with the bankruptcy court is lodged a reasonably wide discretion in respect to the matter of denying a discharge for failure to keep books. Nix v. Sternberg, supra; Hultman v. Tevis, 9 Cir., 1936, 82 F.2d 940 .” Rosenberg v. Bloom, 9 Cir., 1938, 99 F.2d 249 , at page 251.”

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