Legal Opinion
In re the General Assignment for the Benefit of Creditors of Pet Rack Distributors, Inc.
New York County Courts
Decided February 3, 1975PublishedCited by 2 opinions
1Opinion of the CourtRaymond L. Wilkes, J.
This is a motion by the assignee to settle the assignee’s account, to fix his commission and to fix a fee for his attorney’s services.
Section 21 of the Debtor and Creditor Law places upon the court the burden of determining the assignee’s commission "not to exceed five percentum on the whole sum which will have come into his * * * hands”, and further the burden of determining "reasonable counsel fees and costs” for the attorney for the assignee. The Appellate Division (2d Dept) admonishes us that the Debtor and Creditor Law and the Bankruptcy Act are comparable to the extent that in arriving…
2Cases cited3 opinions
- In re Perfection Technical Services Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- Securities Investor Protection Corp. v. Charisma Securities Corp.District Court, S.D. New York · 1972
- In re the General Assignment for the Benefit of Creditors of Filartex Fabrics Co.New York Supreme Court · 1974