Legal Opinion
In re Smith
District Court, S.D. West Virginia
Decided July 30, 1942No. 2560Published
1Opinion of the Court
HARRY E. WATKINS, District Judge.
Three questions are involved in three petitions for review, filed by Union Trust Company, a lien creditor of R. R. Smith, bankrupt, as follows:
1. Should bankruptcy funds recovered from an insolvent bank, upon which the Trust Company had an equitable lien, be charged with any part of attorneys’ fees and court costs necessarily incurred in such recovery? The Trust Company insists that such attorneys’ fees and court costs should be paid out of the common or general fund.
2. Is the present trustee under any duty to take further action regarding the sale of…
2Cases cited8 opinions
- Warren v. PalmerSupreme Court of the United States · 1940
- Adair v. Bank of America National Trust & Savings Ass'nSupreme Court of the United States · 1938
- Union Trust Co. of Maryland v. TownshendCourt of Appeals for the Fourth Circuit · 1939
- Virginia Securities Corporation v. Patrick OrchardsCourt of Appeals for the Fourth Circuit · 1927
- Sehon-Stevenson & Co. v. Union Trust Co. of MarylandCourt of Appeals for the Fourth Circuit · 1940
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