In re Ward Mfg. Co.

This is a petition to review the order of the referee made January 12, 1950, fixing and allowing $1500.00 as the compensation for trustee, Paul W. Sampsell for conducting and operating the. business of the bankrupt. The decision of the referee was based on the written record. No witnesses were called.

The statute, Sec. 48, sub. c of the Bankruptcy Act, 11 U.S.C.A. § 76 , sub. c (2) fixes the maximum allowance to trustees for conducting the business of bankrupts. It is conceded that the maximum allowance under the law would be the sum of $5922.-48, (in addition to his statutory fees as trustee, in a like amount which are not in dispute herein.)

The trustee acted for the period from Juné’ 27, 1949 to November 15, 1949 inclusive. In his report he prayed for the sum of $5922.48 for conducting and operating the business. No objection was filed or made to the report or to the claim for compensation for such services.

This was probably because of the unusual circumstances of this case, unique in bankruptcy matters. The matter started on April 26, 1949 by the debtor’s petition for an arrangement under Ch. XI. The peti *501 tion showed generally, liabilities of $535,000 of which…