In re Gillaspie
District Court, N.D. West Virginia
In the, matter of bankruptcy proceedings of Charles D. Gillaspie. On petition to review a referee’s ruling allowing compensation to petitioner’s attorneys.
1Opinion of the Court
DAYTON, District Judge.
The whole theory upon which the bankruptcy law authorizes the allowance of fees to the attorneys for petitioning creditors is that such creditors are acting for the joint benefit of themselves and all other unsecured creditors who will, by reason of their efforts, share equally with them in the unincumbered assets of the bankrupt. It is right and just that for this reason the fund secured to common creditors should, as against such creditors equally participating in it, share the expense incurred in securing it. But it is to be borne in mind that involuntary proceedings…
2Cases cited4 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Harrison v. PereaSupreme Court of the United States · 1897
- Renick v. LudingtonWest Virginia Supreme Court · 1880
3Cited by20 opinions
- Bulk Oil Transports, Inc. v. Robins Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1921
- Wallace v. FiskeCourt of Appeals for the Eighth Circuit · 1936
- Buell v. Kanawha Lumber Corp.District Court, E.D. South Carolina · 1912
- Fed. Sec. L. Rep. P 96,371 William R. Van Gemert v. The Boeing Company (Formerly the Boeing Airplane Company)Court of Appeals for the Second Circuit · 1978
- Epp v. HintonSupreme Court of Kansas · 1918
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