Legal Opinion

In re Gies

District Court, E.D. Michigan

Decided July 1, 1875Published

[In bankruptcy. In the matter of Frederick Gies.] Petition for allowance from the bankrupt’s estate of an attorney’s fee of one hundred dollars for services in preparing debt- or’s petition and schedules in a case of voluntary bankruptcy; also for reimbursement of thirty dollars and seventy cents marshal’s fee, advanced by petitioner.

1Opinion of the Court

BROWN, District Judge.

The primary object of a debtor’s petition being to obtain a discharge, the expenses of preparing petition and schedules have not been usually allowed as a preferred debt. Such seems to be the settled practice in most of the districts. *340Bump, Bankr. (7th Ed.) p. 225. It was so held in an early ease in the Southern district of New York (In re Hirschberg [Case No. 6,530]), and the same principle was afterward applied to claims for services in preparing schedules in a case of involuntary bankruptcy (In re Bigelow [Id. 1,397]). See, also, In re New Lamp Chi mney Co. [Id.…

2Cases cited2 opinions

  1. Billings v. SegarMassachusetts Supreme Judicial Court · 1814
  2. Ellis v. WhittierSupreme Judicial Court of Maine · 1854

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