In re Stolp
District Court, E.D. Wisconsin
In Bankruptcy. In the matter of bankruptcy proceedings of Ernest Stolp and another. Petition by Eeo Torbe to review proceedings before a referee for re-examination of a transaction with reference to an advance payment of fees by the bankrupts to petitioner as their attorney. The bankrupts were copartners.
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In Bankruptcy. In the matter of bankruptcy proceedings of Ernest Stolp and another. Petition by Eeo Torbe to review proceedings before a referee for re-examination of a transaction with reference to an advance payment of fees by the bankrupts to petitioner as their attorney. The bankrupts were copartners. An involuntary petition was filed against them on June 21, 1911, which was pending until July 13, 1911, when they filed a voluntary petition, upon which an adjudication followed. It appears that on June 9th, or 12 days before the filing of the involuntary petition, one-of the bankrupts…
1Opinion of the CourtGeiger, District Judge
(after stating the facts as above). Section 60d of the Bankruptcy Act is as follows:
“If a debtor shall, directly or indirectly, in contemplation of the filing of • a petition by or against him. pay money or transfer property to an attorney and counselor at law, solicitor in equity, or proctor in admiralty for services to be rendered, the transaction shall be re-examined by the court on petition of the trustee or any creditor and shall only be held valid to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the trustee for the benefit of the…
2Cases cited6 opinions
- In Re Wood and HendersonSupreme Court of the United States · 1908
- In re KrossDistrict Court, S.D. New York · 1899
- Pratt v. BotheCourt of Appeals for the Sixth Circuit · 1904
- In re HabeggerCourt of Appeals for the Eighth Circuit · 1905
- In re CumminsDistrict Court, S.D. New York · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Conrad, Rubin & Lesser v. PenderSupreme Court of the United States · 1933
- Matter of OlenUnited States Bankruptcy Court, E.D. Michigan · 1981
- In Re FalkCourt of Appeals for the Second Circuit · 1929
- Tripp v. MitschrichCourt of Appeals for the Eighth Circuit · 1914
- In Re Klein-Moffett Co.District Court, D. Maryland · 1928
8 more not listed; retrieve them via the Exa API.