Carpenter
Carpenter v. Condor Pictures, Inc.
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An involuntary petition in bankruptcy was filed against Condor Pictures, Inc., which was subsequently superseded by a proceeding under § 77B of the Bankruptcy Act, 11 U.S.C.A. § 207 .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…