Goodman

Goodman v. Street

Good Law
65 F.2d 686·1933 U.S. App. LEXIS 3125
United States Court of Appeals for the Ninth CircuitJune 6, 1933No. 6960California556 words

Opinion

Lead Opinion

Mack, J.

The attorney for the trustee filed a petition to review the allowance of his attorney’s fees by the referee who had disallowed in part the amount claimed by him. At the same time that this attorney’s fee was fixed, the referee passed on the trustee’s final account, and also on application by the attorney for the original receiver in bankruptcy,’for an allowance of $500 to him as compensation for his services as such attorney.

The only petition to revise filed in the District Court was by the attorney for the trustee. At the hearing thereof the court confirmed the order of the referee as to the allowance to trustee’s attorney and as to trustee’s account, except only that the $500 to the attorney for the receiver was disallowed. This disallowance is the subject-matter of the present appeal hy the receiver’s attorney.

It is apparent from the opinion of the District Judge 1 that the disallowance was *687 based upon his view that the receivership terminated automatically on the election of the trustee, and that therefore no allowance whatsoever could be made for any legal services thereafter rendered to the receiver. The question, therefore, is whether under any circumstances an…

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