Gugel v. New Orleans Nat. Bank
Court of Appeals for the Fifth Circuit
Petition to Superintend and Revise from the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. In the matter of the bankruptcy of Hector Francis Crosier. On opposition of t,he New Orleans National Bank, the claims of Andrew G. Gugel, trustee in bankruptcy, and others, for commissions and attorney’s fees were denied, and the trustee and others petition to superintend and revise.
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Petition to Superintend and Revise from the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. In the matter of the bankruptcy of Hector Francis Crosier. On opposition of t,he New Orleans National Bank, the claims of Andrew G. Gugel, trustee in bankruptcy, and others, for commissions and attorney’s fees were denied, and the trustee and others petition to superintend and revise. The mortgage note referred to provided that: “In case it shall become necessary to institute legal proceedings for the recovery of the amount of said note, or any part…
1Opinion of the Court
GRUBB, District Judge.
This is a petition to superintend and revise an order of the District Court for the Eastern District of Louisiana, the effect of which was to disallow the referee and trustee commissions and the attorney for the trustee a fee out of the proceeds of the sale of personal and real property, on which there were liens and mortgages greater in amount than the amount realized from the sale of the property. The District Judge allowed to the trustee the amount it would have been required to expend to foreclose the liens in the state court, but disallowed commissions based on the…
2Cases cited3 opinions
- Anheuser-Busch Brewing Ass'n v. HarrisonCourt of Appeals for the Ninth Circuit · 1907
- Smith v. Mortgage & Debenture Co.Court of Appeals for the Fifth Circuit · 1900
- In re Breakwater Co.District Court, E.D. Pennsylvania · 1915
3Cited by55 opinions
- Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
- In Re Codesco, Inc.United States Bankruptcy Court, S.D. New York · 1982
- Seaboard Nat. Bank v. Rogers Milk Products Co.Court of Appeals for the Second Circuit · 1927
- In Re Bob Grissett Golf Shoppes, Inc.United States Bankruptcy Court, E.D. Virginia · 1985
- In Re PrindibleCourt of Appeals for the Third Circuit · 1940
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