Legal Opinion

Otis & Co. v. Insurance Bldg. Corporation

Court of Appeals for the First Circuit

Decided March 15, 1940No. 3544PublishedCited by 27 opinions

1Opinion of the Court

PETERS, District Judge.

This is an appeal from an order of the District Court for the District of- Massachusetts denying to Otis & Co. compensation for services and expenses in the proceeding for the reorganization of the appellee corporation. The court held that Sec. 249 of Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 649, prohibited the granting of any compensation under the facts which appeared, in substance, as follows:

The petition in the proceeding was filed and approved June 3, 1938. Thereafter, and during the proceeding Otis & Co. acted as “agent and representative” of the bondholders…

2Cases cited4 opinions

  1. Michoud v. GirodSupreme Court of the United States · 1846
  2. Magruder v. DrurySupreme Court of the United States · 1914
  3. In Re Paramount-Publix CorporationDistrict Court, S.D. New York · 1935
  4. In Re Old Algiers, Inc.Court of Appeals for the Second Circuit · 1938

3Cited by27 opinions

  1. Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
  2. Wolf v. WeinsteinSupreme Court of the United States · 1963
  3. Finn v. Childs Co.Court of Appeals for the Second Circuit · 1950
  4. Adler v. KlawansCourt of Appeals for the Second Circuit · 1959
  5. Surface Transit, Inc. v. Saxe, Bacon & O'shea, in Re Allowances in Estate of Third Avenue Transit Corporation, DebtorCourt of Appeals for the Second Circuit · 1959

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