In re Associated Towel & Linen Supply Co.

Good Law
7 F. Supp. 699·1934 U.S. Dist. LEXIS 1980
United States District Court, Southern District of CaliforniaJuly 17, 1934No. 22559California1,163 words

Opinion

Lead Opinion

James, J.

Paul R. Hutchinson, Esq., filed a claim with the trustee for the sum of $3,719.5() as for services rendered to the bankrupt prior to the commencement of the bankruptcy proceedings. The involuntary petition in bankruptcy was filed February 21, 1934, and on February 28, 1934, the alleged bankrupt, by the claimant (counsel), filed an answer. At a later date consent was given to the making of an order of adjudication. The same counsel appeared throughout for the alleged bankrupt, both before and after the adjudication, and the schedules as filed are shown to be under the cover of Mr. Hutchinson. The trustee objected to the claim on the ground that it was exorbitant. When the matter came on for hearing before the referee, counsel for the trustee stated that he would ask Mr. Hutchinson to take the witness stand and testify concerning his claim. This the claimant did. He stated that his main services were performed in an action heard in the superior court of the state in which the bankrupt was the defendant, and in that suit an injunction was issued restraining certain acts of the defendant with reference to a solicitation of business. In that respect he testified that on contempt…

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