Klein v. Maley

SCHNACKENBERG, Circuit Judge.

S. Harvey Klein, assignee for the benefit of creditors of Melvin Marks, doing business as Mel’s Merchandising Sales Co., and as surviving partner of Al’s Sales Co., bankrupt, and Max M. Rappaport, his attorney, have appealed from an order of the district court refusing to allow them, respectively, $500 and $450, as recommended by the court’s referee in bankruptcy. The district court expressly based its refusal on a lack of authority to make such an allowance.

It is agreed that the only issue on this appeal is one of law, — as to whether a bankruptcy court has…