In re Campbell

Before me is an original petition filed on September 18, 1940, by the Corporation of America, creditor, for an order settling its account and authorizing foreclosure of a deed of trust.

The background of the litigation is more fully set forth in the opinion filed concurrently with this, 35 F.Supp. 97 , on review of certain order of the Conciliation Commissioner, dated February 27, 1940.

The accounting submitted is subsequent to that covered by the accounting before the Conciliation Commissioner, the review of which I have just decided.

I am of the view that the creditor is entitled to have its account settled in accordance with the prayer of the petition and the showing made in open court on the hearing and that for the present, at least, its petition for leave to foreclose should be denied.

The only item objected to in this proceeding is the item of $3,630.13, which is claimed as an expense of management.

The reasonableness of the amount is not disputed.

The evidence before the Court shows clearly that the amount claimed is less than the standard charge made for management of properties of this character. The debtor objects to the allowance upon the ground that we are…