In re Mayer
District Court, E.D. Wisconsin
In Bankruptcy. On an application by attorneys for the bankrupt for allowance of a bill of fees for services rendered on behalf of the bankrupt in the course of the proceedings, amounting to $1,635, as itemized for retainer and per diem charge’s. The referee certifies that the bankrupt has disobeyed the order of the court requiring payment of certain funds withheld from the trustee, has absconded, and stands adjudged in contempt.
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In Bankruptcy. On an application by attorneys for the bankrupt for allowance of a bill of fees for services rendered on behalf of the bankrupt in the course of the proceedings, amounting to $1,635, as itemized for retainer and per diem charge’s. The referee certifies that the bankrupt has disobeyed the order of the court requiring payment of certain funds withheld from the trustee, has absconded, and stands adjudged in contempt. The questions certified thereupon are: (1) Can the claim for attorney’s fees be considered while the bankrupt so remains in contempt? (2) If open to consideration,…
1Opinion of the Court
SEAMAN, District Judge.
This inquiry, which calls for an interpretation of the act in reference to allowances for attorney fees, is of special importance in its bearings upon other cases in this district, and I have given careful consideration to the matters submitted by the referee. The following conclusions are certified thereupon:
1. The bankrupt is in contempt, and clearly cannot move the court for any matter of indulgence until he has cleared his contempt. Hovey v. Elliott, 167 U. S. 409, 436, 17 Sup. Ct. 841, 42 L. Ed. 215. *696Whether this general rule would exclude him from invoking…
2Cases cited3 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- In re CurtisCourt of Appeals for the Seventh Circuit · 1900
- In re KrossDistrict Court, S.D. New York · 1899
3Cited by15 opinions
- Conrad, Rubin & Lesser v. PenderSupreme Court of the United States · 1933
- In Re Owl Drug Co.District Court, D. Nevada · 1936
- In re RolnickCourt of Appeals for the Second Circuit · 1923
- In re BrundinDistrict Court, D. Minnesota · 1901
- Conrad, Rubin & Lesser v. PenderCourt of Appeals for the Second Circuit · 1932
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