In re Weiss
District Court, S.D. New York
In Bankruptcy. Petition to review order of referee denying the petition of the United States to have awarded to it certain funds in the hands of the trustee in bankruptcy in partial payment of taxes.
1Opinion of the Court
HOUGH, District Judge.
The United States is a creditor of this bankrupt for a sum exceeding the amount in the hands of the trustee at the time of presenting such claim. The commissions of the trustee are unpaid, as also the reasonable charges of his attorney. The question presented on this review is whether a claim for taxes is entitled to priority of payment, to the exclusion of all reasonable expenses of administration.
Before this claim for taxes was presented the fund originally in the trustee’s hands had been reduced by some administration expenses explicitly authorized by referee’s order.…
2Cases cited3 opinions
- In re Prince & WalterDistrict Court, M.D. Pennsylvania · 1904
- In re CramondDistrict Court, N.D. New York · 1906
- City of Chattanooga v. HillCourt of Appeals for the Sixth Circuit · 1905
3Cited by3 opinions
- In re Halsey Electric Generator Co.District Court, D. New Jersey · 1909
- In re KittenplanDistrict Court, S.D. New York · 1922
- Smietanka v. ZibellCourt of Appeals for the Seventh Circuit · 1920