Carpenter

Carpenter v. Condor Pictures, Inc.

Good Law
108 F.2d 318·1939 U.S. App. LEXIS 2554
United States Court of Appeals for the Ninth CircuitDecember 7, 1939No. 9329California587 words

Opinion

Lead Opinion

Haney, J.

An involuntary petition in bankruptcy was filed against Condor Pictures, Inc., which was subsequently superseded by a proceeding under § 77B of the Bankruptcy Act, 11 U.S.C.A. § 207 . A plan of reorganization was proposed and subsequently approved. Counsel for the debtor was the firm known as Carpenter, Babson & Fendler, which firm filed a- petition for compensation in the amount of $2,500. Appellant Fendler, an attorney representing himself and other creditors and certain common stockholders of the debtor, filed a petition for compensation in the amount of $2,500. On May 15, 1939, these petitions were referred to a special master. On May 29, 1939, the special master filed a report recommending that Carpenter, Babson & Fendler be allowed the sum of $1,750, and that Fendler individually be allowed the sum of $1,250 for services rendered.

Exceptions to the report were filed, and the court below on June 10, 1939 again referred the petitions to a special master who on June 26, 1939, filed a report recommending a reduction in the previously recommended allowances of 20%. On July 1, 1939, without exceptions to the last report of the special master being filed, and without notice or…

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