Frank

Frank v. Jordan Valley Irr. Dist.

Good Law
142 F.2d 962·1944 U.S. App. LEXIS 3551
United States Court of Appeals for the Ninth CircuitMay 26, 1944No. 10684California1,574 words

Opinion

Lead Opinion

Bowen, J.

This is an appeal from the trial court’s action in disapproving part of the fees and expenses of appellants as attorneys for the Bondholders Protective Committee of the debtor Irrigation District. Part of such fees and expenses accrued prior, and part of them subsequent, to the 1937 enactment of the present form of Chapter IX of the Bankruptcy Act, 11 U.S.C.A. §§ 401-404 , under which the pending action was brought for a composition of the debtor’s debts.

*963 The court approved the proposed composition plan for the District.

The principal question raised on the appeal is whether the trial court had any authority under Section 83, sub. a, of the Bankruptcy Act, 11 U.S.C.A. § 403 , sub. a, to modify or disallow such of the fees and expenses as accrued prior to proposal of this bankruptcy proceeding, it being the contention of appellants that the court had no such authority. Appellants, however, assert that, even if the court had such authority, the total amount of fees and expenses allowed by the court is inadequate.

The whole period of appellants’ service to the Bondholders Protective Committee was more than 13 years, from October, 1929, to July, 1943. During that time a number…

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