Legal Opinion

In re Droese

District Court, N.D. Ohio

Decided January 25, 1954No. 70649Published

1Opinion of the Court

OPINION

By FRIEBOLIN, Referee.

The bankrupt having failed to pay the filing fee of $45, contends, and the trustee does not object, that the sum of $45 should be paid out of the estate since, the trustee collected $122.29 from bankrupt’s employer upon a garnishment of bankrupt’s wages pending at bankruptcy, which garnishment was declared void by virtue of Section 67a of the Act.

In fact, the bankrupt in his affidavit, alleging inability to pay, filed with his voluntary petition, stated that he would pay the filing fee out of the money so collected by the trustee.

I find no warrant for such…

2Cases cited7 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Chicago, Burlington & Quincy Railroad v. HallSupreme Court of the United States · 1913
  3. Steelman v. All Continent Corp.Supreme Court of the United States · 1937
  4. Connell v. WalkerSupreme Court of the United States · 1934
  5. Fischer v. Pauline Oil & Gas Co.Supreme Court of the United States · 1940

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