In re Simon
District Court, D. Massachusetts
In Bankruptcy. In the matter of Isaac Simon, bankrupt. On petitions for allowance of disbursements and counsel fees.
1Opinion of the Court
MORTON, District Judge.
These are petitions for the allowance of disbursements and for counsel fees to a creditor who alone prosecuted successfully objections to the discharge of the bankrupt. It is objected that there is no power to make such orders, and, if there be such power, it ought not to be exercised.
Simon was a fraudulent bankrupt, who, although not entitled to his discharge, prosecuted his petition for it. No question concerning Ihe estate is involved. As between the bankrupt and the creditor, I see no reason why the usual rule should not be applied, and the costs of the proceeding…
2Cases cited3 opinions
- Bauman v. FeistCourt of Appeals for the Eighth Circuit · 1901
- Bragassa v. St. Louis CycleCourt of Appeals for the Fifth Circuit · 1901
- In re RatliffDistrict Court, E.D. North Carolina · 1901
3Cited by4 opinions
- United States v. Hammett (In Re Hammett)District Court, E.D. Pennsylvania · 1983
- Gerzof v. Miller (In Re Miller)United States Bankruptcy Court, E.D. New York · 1981
- Gelson v. RudinCourt of Appeals for the Second Circuit · 1952
- In re KatzDistrict Court, E.D. New York · 1938