Legal Opinion
In Re Herbst
District Court, S.D. New York
Decided September 7, 1937PublishedCited by 20 opinions
1Opinion of the Court
PATTERSON, District Judge.
The motion is by a creditor to vacate an ex parte order staying it from further proceedings against the bankrupt.
The bankrupt was receiver of rents in a foreclosure action in the New York Supreme Court. From time to time he had been awarded compensation as receiver, his compensation down to August, 1934, totaling $42,000. On August 25, 1934, an order was entered allowing him the sum of $5,-674.54 as further compensation.. He withdrew this sum from the funds in his charge. The date of such withdrawal does not appear; it may be assumed, in favor of the bankrupt, that…
2Cases cited5 opinions
- In Re BernardCourt of Appeals for the Second Circuit · 1937
- City of Syracuse v. RoscoeNew York Supreme Court · 1910
- In re HarperU.S. Circuit Court for the District of Western Virginia · 1904
- National Surety Co. v. WittichSupreme Court of Minnesota · 1932
- England Loan Company v. CampbellSupreme Court of Arkansas · 1931
3Cited by20 opinions
- Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
- James Benjamin Hamby, Bankrupt v. St. Paul Mercury Indemnity Company, CreditorCourt of Appeals for the Fourth Circuit · 1954
- In Re CaironeUnited States Bankruptcy Court, D. Rhode Island · 1981
- Bamco 18 v. Reeves (In Re Reeves)United States Bankruptcy Court, D. New Hampshire · 1990
- Martin v. Fidelity & Deposit Co. of Maryland (In Re Martin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
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