Fogarty v. Milwaukee Trust Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. In the matter of Thomas C. Fogarty, bankrupt; the Milwaukee Trust Company, trustee. From an order disallowing claim for counsel fees and disbursements, the bankrupt appeals. This is an appeal from an order denying appellant’s claim for an allowance out of the estate on account of certain services and disbursements of his attorneys.
Read the full summary
Appeal from the District Court of the United States for the Eastern District of Wisconsin. In the matter of Thomas C. Fogarty, bankrupt; the Milwaukee Trust Company, trustee. From an order disallowing claim for counsel fees and disbursements, the bankrupt appeals. This is an appeal from an order denying appellant’s claim for an allowance out of the estate on account of certain services and disbursements of his attorneys. The facts were stipulated as follows; “That this is an involuntary case; that said bankrupt duly surrendered to his trustee all his property, and that said bankrupt offered…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). Section 64 (3) requires the court to order the trustee to pay the cost of administration, including a reasonable attorney’s fee for professional *774•services actually rendered “to the bankrupt in involuntary cases while performing the duties herein [in the act] prescribed.”
The “duties of a bankrupt” are specifically enumerated and described in section 7. Subdivisions (3) to (9) inclusive relate to preparation of schedules and like matters. Manifestlv these have no bearing on the case. The remaining subdivisions are as follows:
“(1) Attend the first meeting of…
2Cited by5 opinions
- In Re Owl Drug Co.District Court, D. Nevada · 1936
- In re Kinnane Co.'s EstateCourt of Appeals for the Sixth Circuit · 1917
- In re Hollis Lumber Co.Court of Appeals for the Second Circuit · 1932
- Hopkins v. JonesCourt of Appeals for the Seventh Circuit · 1943
- Hopkins v. LoeberAppellate Court of Illinois · 1946