In re Allert
District Court, W.D. New York
In Bankruptcy. In the matter of Rudolph Allert, bankrupt. On review of orders of referee.
1Opinion of the Court
HAZEL, District Judge.
This is a petition for review by the holder of the first mortgage lien upon the real estate of the bankrupt. The mortgage was given to secure $7,000, with 5 per cent, interest per annum, and covered about three-fourths of the bankrupt’s estate, which was sold by order of the bankruptcy court for $20,150. In distributing the trust fund, the referee did not allow interest on the mortgage to the date of his final report, on the ground that, as the fund was not enough to pay all the secured and unsecured creditors in full, it was proper, under the circumstances of the case,…
2Cases cited5 opinions
- In re CurtisCourt of Appeals for the Seventh Circuit · 1900
- Taylor v. . WingNew York Court of Appeals · 1881
- In re Anders Push Button Telephone Co.District Court, S.D. New York · 1905
- In re Goldville Mfg. Co.District Court, D. South Carolina · 1902
- In re Mammoth Pine Lumber Co.District Court, W.D. Arkansas · 1902
3Cited by4 opinions
- Buell v. Kanawha Lumber Corp.District Court, E.D. South Carolina · 1912
- In re HershbergerDistrict Court, M.D. Pennsylvania · 1913
- United States v. BrainerdDistrict Court, E.D. Oklahoma · 1918
- In re MoodyDistrict Court, W.D. Pennsylvania · 1945