In re Salaberry
District Court, E.D. North Carolina
The bankrupt was adjudged bankrupt upon his voluntary petition, and, after the appointment of a trustee, filed his petition asking for a dismissal of the proceeding. The creditors made no opposition to such dismissal, hut the trustee filed objections upon the ground that expenses incurred by him in the employment of an attorney to assist him in the discharge of his duties had not been paid.
Read the full summary
The bankrupt was adjudged bankrupt upon his voluntary petition, and, after the appointment of a trustee, filed his petition asking for a dismissal of the proceeding. The creditors made no opposition to such dismissal, hut the trustee filed objections upon the ground that expenses incurred by him in the employment of an attorney to assist him in the discharge of his duties had not been paid. The matter was referred to the referee to ascertain and report the facts in relation to the matters alleged by the trustee. The referee found that the trustee had employed an attorney to assist him in…
1Opinion of the Court
DE HAVEN, District Judge.
Upon the facts found by the referee, it must he held that the expense incurred by the trustee in the employment of an attorney in matters relating to the administration of his trust is a proper charge against the estate of the bankrupt, and, until paid, the bankrupt is not entitled to a dismissal of the proceeding. The bankrupt’s petition for dismissal will therefore be denied, but without prejudice to its renewal upon filing with the court the certificate of the referee showing that all costs and expenses incurred by the trustee in the administration of the estate…
2Cited by7 opinions
- Gill v. Hall (In Re Hall)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981
- In Re WirickUnited States Bankruptcy Court, E.D. Virginia · 1980
- In Re JacksonUnited States Bankruptcy Court, E.D. Tennessee · 1980
- Penick v. TiceCourt of Appeals for the Fourth Circuit · 1984
- Gelson v. RudinCourt of Appeals for the Second Circuit · 1952
2 more not listed; retrieve them via the Exa API.