In re Siegel
District Court, S.D. New York
In Bankruptcy. On motion by Oscar Quinto and others, creditors, to require David Siegel, bankrupt, to repay moneys expended by a creditors’ committee on reorganization of the. bankrupt’s affairs. The case was this: The bankrupt was adjudicated in the Southern district of New York, and on the 34th day of February, 1918, the first meeting of creditors was held before the referee in bankruptcy.
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In Bankruptcy. On motion by Oscar Quinto and others, creditors, to require David Siegel, bankrupt, to repay moneys expended by a creditors’ committee on reorganization of the. bankrupt’s affairs. The case was this: The bankrupt was adjudicated in the Southern district of New York, and on the 34th day of February, 1918, the first meeting of creditors was held before the referee in bankruptcy. At that time tho bankrupt’s attorney announced to the referee that the bankrupt offered a settlement of 37 cents in cash and proposed to pay all priority claims and expenses of the proceeding, including…
1Opinion of the Court
LEARNED HAND, District Judge.
[1] Judge Mayer decided (In re M. & H. Gordon [D. C.] 245 Fed. 905) that a bankrupt might not pay as part of a composition the expenses of a creditor who fiad employed a public accountant to investigate the bankrupt’s affairs. I concur in that case and in its reasoning. Courts have been extremely zealous to secure equality of distribution among creditors, quite independently of whether the added payment to any one of them came from the fund to be divided. Bell v. Leggett, 7 N. Y. 176; In re Dietz (D. C.) 97 Fed. 563; In re Palmer, 14 Nat. Bank R. 437, Fed. Cas.…
2Cases cited4 opinions
- Bell v. . LeggettNew York Court of Appeals · 1852
- In re M. & H. GordonDistrict Court, S.D. New York · 1917
- In re DietzDistrict Court, S.D. New York · 1899
- Ex parte BriggsDistrict Court, D. Massachusetts · 1875
3Cited by9 opinions
- Lane v. Haytian Corporation of AmericaCourt of Appeals for the Second Circuit · 1941
- Realty Associates Securities Corp. v. Newman & BiscoCourt of Appeals for the Second Circuit · 1934
- Harris v. Supreme Plastics, Inc. (In Re Supreme Plastics, Inc.)District Court, N.D. Illinois · 1980
- In Re Rene Press, Inc.United States Bankruptcy Court, D. Massachusetts · 1982
- In Re New England Fish Co.United States Bankruptcy Court, W.D. Washington · 1983
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