Legal Opinion

Saper v. John Viviane & Son, Inc.

Court of Appeals for the Second Circuit

Decided July 25, 1958No. 223, Docket 24653PublishedCited by 8 opinions

1Opinion of the Court

WATERMAN, Circuit Judge.

This is an appeal by a trustee and his attorney from an order denying them compensation for expenses incurred and work performed during the course of a reopened bankruptcy proceeding, which proceeding was subsequently ordered dismissed by this court because sufficient basis for reopening had not been shown. Saper v. Viviani, 2 Cir., 1955, 226 F.2d 608. The district court’s denial of compensation was based on the belief that it had no authority under § 2, sub. a(18) of the Bankruptcy Act, 11 U.S.C.A. § 11, sub. a(18), to award fees and disbursements of the trustee and…

2Cases cited16 opinions

  1. Realty Associates Securities Corp. v. O'ConnorSupreme Court of the United States · 1935
  2. Guerin v. Weil, Gotshal & MangesCourt of Appeals for the Second Circuit · 1953
  3. Lane v. Haytian Corporation of AmericaCourt of Appeals for the Second Circuit · 1941
  4. In Re SwoffordDistrict Court, D. Minnesota · 1952
  5. In Re Northern Indiana Oil Co. Moore v. FletcherCourt of Appeals for the Seventh Circuit · 1951

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3Cited by8 opinions

  1. 15 Collier bankr.cas.2d 1459, Bankr. L. Rep. P 71,522 in Re Golden Plan of California, Inc. State Loan Servicing, Inc. Financial Securities Agency, Inc. Mid-Central California, Inc., Debtors. Jesse Bear v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Al Fox v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Robert Ackerman v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., DefendantCourt of Appeals for the Ninth Circuit · 1987
  2. In Re Electric MacHinery Enterprises, Inc.United States Bankruptcy Court, M.D. Florida · 2007
  3. Gerzof v. Miller (In Re Miller)United States Bankruptcy Court, E.D. New York · 1981
  4. In the Matter of I. J. Knight Realty Corp., Bankrupt. Reading CompanyCourt of Appeals for the Third Circuit · 1967
  5. Saper v. John Viviane & Son, Inc.Court of Appeals for the Second Circuit · 1958

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