Legal Opinion

In re Kyte

District Court, M.D. Pennsylvania

Decided July 15, 1911No. 1,035PublishedCited by 6 opinions

In Bankruptcy. In the matter of Frank H. Kyte, bankrupt. On exceptions to findings of the referee refusing to tax costs of an opposition to the bankrupt’s discharge against bankrupt.

1Opinion of the Court

WITMER, District Judge.

The matter in dispute in this case was certified to the court, on petition of certain creditors of the bankrupt, for review of the order of the referee, refusing to allow a bill of costs incurred by the petitioners and others, creditors of the bankrupt, in opposing the bankrupt’s discharge, in which they were successful.

[1] Whether the creditors’ expenses in opposing the bankrupt’s discharge, if successful, should be paid out of the estate of the bankrupt, is the only question to be determined upon this review. The petitioners urge (1) that the referee should have taxed…

2Cases cited3 opinions

  1. Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
  2. In re BrundinDistrict Court, D. Minnesota · 1901
  3. Bragassa v. St. Louis CycleCourt of Appeals for the Fifth Circuit · 1901

3Cited by6 opinions

  1. In Re Joseph Gioioso Carol Jean Gioioso, Debtors. Chester J. Stuebben Westfield Home News Service, Inc. v. Joseph Gioioso Carol Jean GioiosoCourt of Appeals for the Third Circuit · 1992
  2. Gerzof v. Miller (In Re Miller)United States Bankruptcy Court, E.D. New York · 1981
  3. In Re Park Distributors, Inc.District Court, S.D. California · 1959
  4. Gelson v. RudinCourt of Appeals for the Second Circuit · 1952
  5. In re BourlandDistrict Court, E.D. Virginia · 1963

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