Anderson
First Western Savings & Loan Ass'n v. Anderson
Opinion
Lead Opinion
Hamley, J.
The secured creditors in this corporate reorganization proceeding appeal from an order allowing compensation to the trustee and her attorney. Appellants contend that the court erred in making such allowances a first lien upon the real property covered by appellants’ first deeds of trust. They also ask us to rule that the fees allowed were excessive.
The debtor, Rose Holding Corporation, filed its petition for corporate reorganization under chapter X of the Bankruptcy Act, on May 3, 1956. 1 The petition was, on that day, granted ex parte, and Mrs. Mae Anderson, one of the ap-pellees, was appointed trustee. She qualified as trustee two days later.
On June 6, 1956, the trustee was authorized to employ Gordon L. Hawkins, the other appellee, as attorney for the estate. The trustee, assisted by her attorney, then engaged in various activities designed to protect the property, straighten out the affairs of the debtor, and develop what they believed would be an acceptable plan of reorganization.
The listed assets of the debtor consisted of a partially completed shopping center near Las Vegas, Nevada, and two unimproved lots. In the petition initiating the proceeding, the shopping…