In re Return of Unused Fees of Referees & Trustees on Deposit with United States Treasury

H. J. Peters of Dallas county, Tex., as agent for certain attorneys who deposited the sum of $30 for fees in each of fifteen involuntary bankruptcy proceedings, has applied for the return of the unused portion of said fees.

The law provides that of the $30 deposited, the clerk receives $10 for filing fee; the referee receives $15; and the trustee, $5. As no further proceedings were had after filing, $20 of the fees deposited was unused. The petition alleges “that immediately following the filing of each of said cases the same was abandoned by all of the parties interested.” When five or more years had passed without any further ac *184 tion having been taken, this court ordered the clerk to close the cases and to deposit the unused fees in. the registry of the court. Five years thereafter the clerk deposited the money thus accumulated in the registry with the Treasurer of the United States, as required by section 852 of 28 USCA.

No provision is made in the Bankruptcy Act (11 USCA) for the return of unused fees. In cases where no further action is taken, it is the custom of the clerk to notify attorneys that they may receive the unused fees by having the cases dismissed, and…