Legal Opinion

Bernard D. Flaxman v. George Gardner, Trustee in Bankruptcy for Pride Furniture Manufacturing, Ltd.

Court of Appeals for the Ninth Circuit

Decided January 18, 1966No. 19866PublishedCited by 3 opinions

1Opinion of the Court

HAMLEY, Circuit Judge:

In this bankruptcy proceeding the referee disapproved the accounting of Bernard D. Flaxman, pre-bankruptcy assignee for the benefit of the bankrupt’s creditors, and surcharged the assignee the sum of $3,850.65 for sums paid out of the assignor’s estate prior to bankruptcy. In so doing, the referee disallowed all but $500.00 of the $1,465.00 fee for an auditor’s report, all but $150.00 of the $350.00 fee for an accountant’s report, all but $1,366.64 of the $2,733.28 fee for the services of an auctioneer, and all but $780.32 of the $2,465.52 the assignee paid to himself…

2Cases cited3 opinions

  1. Randolph v. ScruggsSupreme Court of the United States · 1903
  2. Matter of Paramount Merrick, Inc., Bankrupt. Benjamin Finkel and Samuel L. Nadler, Copartners as Finkel & Nadler, David Strauss & Co., Inc.Court of Appeals for the Second Circuit · 1958
  3. Marks v. MaleyCourt of Appeals for the Seventh Circuit · 1959

3Cited by3 opinions

  1. Fine v. WeinbergCourt of Appeals for the Fourth Circuit · 1967
  2. Irving I. Bass, Trustee v. Quittner, Stutman & Treister, Irving I. Bass, Trustee v. Gendel, Raskoff, Shapiro & QuittnerCourt of Appeals for the Ninth Circuit · 1967
  3. Andrew S. Fine, Trustee Under a Deed of Assignment v. Jerrold G. Weinberg, Trustee in Bankruptcy, in the Matter of W. T. Byrns, Incorporated, Bankrupt (Two Cases). Louis B. Fine v. Jerrold G. Weinberg, Trustee in BankruptcyCourt of Appeals for the Fourth Circuit · 1967

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