In the Matter of Haldeman Pipe & Supply Company, a Corporation, Debtor

Appellant, an attorney, was denied fees for his representation of a receiver in bankruptcy because of what the referee deemed to be violations of General Order 44. That order requires a receiver to state in his petition the attorney’s connections with the bankrupt or debtor or any other party in interest and requires that the receiver make diligent inquiry into the connections of such attorney. If without disclosing the attorney shall have represented any adverse interest, the court may deny his application for fees.

The receiver advised the court that appellant represented no interest adverse to the estate. This advice was based on an affidavit by appellant that he represented unsecured creditors whose interests were identical with those of the receiver and did not represent any adverse interests. The order authorizing the appointment incorporated by reference the application to employ counsel and in effect authorized a general retainer.

At the time the application for authority to employ counsel was filed appellant had been employed to represent several unsecured creditors of Haldeman Pipe & Supply Company (Haldeman), the debtor, including American Radiator and Standard…