Legal Opinion

In the Matter of Multiponics, Inc., Debtor. MacHinery Rental, Inc. v. William W. Herpel, Trustee

Court of Appeals for the Fifth Circuit

Decided May 9, 1977No. 75-2518PublishedCited by 9 opinions

1Per curiam

In this Chapter X reorganization proceeding we are concerned with the appeal of a secured creditor who objects to the allowance of interim fees to the court-appointed trustee and attorney in the amounts of $144,077 and $242,840, respectively, a total of $386,917.

Appellant Machinery Rental, Inc., the secured creditor, contends that such fees should not be paid until the amounts and validity of all secured claims have been established; and that the fees allowed as interim fees are excessive.

At oral argument counsel for appellant contended that the interim fees were excessive for the 42-month…

2Cases cited5 opinions

  1. In the Matter of First Colonial Corp. Of America, Bankrupt. American Benefit Life Insurance Company, Appellants-Cross-Appellees v. Franz J. Baddock, Trustee, Appellee-Cross-Appellant. In the Matter of First Colonial Corp. Of America, Bankrupt. Bert K. Robinson v. American Benefit Life Insurance CompanyCourt of Appeals for the First Circuit · 1977
  2. In Re McGann Mfg. Co., IncCourt of Appeals for the Third Circuit · 1951
  3. Tawney v. ClemsonCourt of Appeals for the Fourth Circuit · 1936
  4. Lutheran Hospitals and Homes Society of America v. Charles M. Duecy, Lutheran Hospitals and Homes Society of America v. Joseph U. Cracchiolo, Referee and Special MasterCourt of Appeals for the Ninth Circuit · 1970
  5. In the Matter of Tmt Trailer Ferry, Inc., Debtor. Protective Committee for Independent Stockholders of Tmt Trailer Ferry, Inc. v. Irving Mark Wolff, P. A., Fee and Thomas J. Kirkland, Trustee, in the Matter of Tmt Trailer Ferry, Inc., Debtors. Protective Committee for Independent Stockholders of Tmt Trailer Ferry, Inc. v. Thomas J. Kirkland, Trustee, Ray C. MullerCourt of Appeals for the Fifth Circuit · 1972

3Cited by9 opinions

  1. In Re CallisterUnited States Bankruptcy Court, D. Utah · 1981
  2. Matter of Georgia Steel, Inc.United States Bankruptcy Court, M.D. Georgia · 1982
  3. In Re International Horizons, Inc.United States Bankruptcy Court, N.D. Georgia · 1981
  4. In Re General Coffee Corp.United States Bankruptcy Court, S.D. Florida. · 1984
  5. In Re Lloyd, Carr & Co.District Court, D. Massachusetts · 1979

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