Legal Opinion

In re Imperial "400" National, Inc.

Court of Appeals for the Third Circuit

Decided March 15, 1972No. 71-1556PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

These eases, consolidated for appeal, involve the possible liability of a trustee in reorganization and his attorney for the payment of interest on, or a similar charge for the use of, that portion of a third interim allowance and fee granted by the district court without specification of a payment date, paid subsequent to such grant, and later found to be excessive by this court. We find on this record that payments for the use of this money improperly taken from the bankruptcy estate should be made by the above-mentioned fiduciaries.

The factual…

2Cases cited17 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. Central Hanover Bank & Trust Co. v. HerbstCourt of Appeals for the Second Circuit · 1937
  3. Arkadelphia Milling Co. v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1919
  4. Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1929
  5. Arkadelphia Co. v. St. Louis SW Ry. Co.Supreme Court of the United States · 1919

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3Cited by17 opinions

  1. In the Matter of Combined Metals Reduction Company, Debtor (Ten Cases). Irving Bennett v. Paul Gemmill, Trustee, (Four Cases). Irving Bennett v. W. Lamonte Robison, Trustee, (Four Cases). Irving Bennett v. Paul Gemmill, Trustee, Jeremiah Milbank, and Milbank & Co., Irving Bennett, Entrada Industries, Inc. (Wasatch Chemical Division), Charles A. Steen, Individually, Charles A. Steen, as Custodian for His Sons and Heirs, and Charles A. Steen on Behalf of the Steen Foundation v. Paul Gemmill, TrusteeCourt of Appeals for the Ninth Circuit · 1977
  2. Donovan v. BierwirthCourt of Appeals for the Second Circuit · 1985
  3. In the Matter of Taxman Clothing Company, Debtor. Appeal of Arthur Winer, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
  4. Gilliam v. EdwardsDistrict Court, D. New Jersey · 1980
  5. Nolan v. Judicial CouncilCourt of Appeals for the Third Circuit · 1973

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