Legal Opinion

Lewis v. Fitzgerald

Court of Appeals for the Tenth Circuit

Decided October 21, 1961No. 6756PublishedCited by 21 opinions

1Opinion of the Court

BRATTON, Circuit Judge.

The appeal in this voluntary proceeding in bankruptcy presents for determination the question whether attorneys for the bankrupt are entitled to compensation out of the bankrupt estate for services rendered to the bankrupt in resisting objections to the granting of a discharge. The trial court decided the question in the negative.

Historically, one of the basic purposes of the bankruptcy law is to bring about a ratable distribution of the property of the bankrupt among his creditors holding just demands; to protect the creditors from one another; and to release the…

2Cases cited2 opinions

  1. In Re RothmanCourt of Appeals for the Second Circuit · 1936
  2. Rose Florence May v. Fidelity and Deposit Company of Maryland, in the Matter of Rose Florence May, BankruptCourt of Appeals for the Tenth Circuit · 1961

3Cited by21 opinions

  1. Matter of OlenUnited States Bankruptcy Court, E.D. Michigan · 1981
  2. Matter of RyanDistrict Court, N.D. Illinois · 1987
  3. In the Matter of Gregory Bynner JONES, Sr., BankruptCourt of Appeals for the Fifth Circuit · 1982
  4. In Re RhotenUnited States Bankruptcy Court, M.D. Tennessee · 1984
  5. In Re DuqueDistrict Court, S.D. Florida · 1984

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