Sigfried Levitt, an Interested Party v. Gilbert Robinson, Trustee in Bankruptcy of Astrobell, Inc., Debtor

This appeal is from an Order and Judgment of the District Court, Central District of California, entered April 18, 1967, affirming the Referee’s Findings of Fact, Conclusions of Law and Order of September 8, 1966, fixing appellant’s fee for services to the bankrupt in the sum of $750.

Appellant, on February 26, 1964, filed a petition for Arrangement for Astrobell, Inc. Prior to the filing of the petition, Astrobell had assigned certain accounts receivable to appellant, from which he realized $2,794.28, for legal services to be rendered in the Arrangement proceedings. The appellant expended $140.50 in costs on behalf of the debtor.

The Plan of Arrangement, as submitted, was not confirmed because the debt- or did not make the necessary deposit required by Title 11 U.S.C. § 762 , and the debtor was declared bankrupt on May 26, 1964. Appellant was replaced as counsel for the debtor on May 29, 1964.

On January 29, 1965, a creditor of Astrobell filed a petition to review payment by debtor to appellant. The appellant thereafter made application for additional compensation to bring his total fee to $5,000.

The Referee, after a hearing, filed his Memorandum Opinion on March 22, 1965,…