In re Keeton, Steele & Co.
District Court, W.D. Texas
In Voluntary Bankruptcy. The following question has been certified by the referee to the court for decision: “Are the fees stipulated to be paid in a note due before the filing of a petition in bankruptcy, but placed in the hands of an attorney after the filing of the petition in bankruptcy, a claim absolutely owing and payable at the time of filing the petition in bankruptcy, and allowable as a part of such claim?” It appears from the record that on October 5, 1903, Keeton,…
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In Voluntary Bankruptcy. The following question has been certified by the referee to the court for decision: “Are the fees stipulated to be paid in a note due before the filing of a petition in bankruptcy, but placed in the hands of an attorney after the filing of the petition in bankruptcy, a claim absolutely owing and payable at the time of filing the petition in bankruptcy, and allowable as a part of such claim?” It appears from the record that on October 5, 1903, Keeton, Stell & Co., the bankrupts above named, filed their voluntary petition in bankruptcy, and on October 28th thereafter…
1Opinion of the Court
MAXEY, District Judge.
That, under the laws of Texas, stipulations for the payment of reasonable attorney’s fees are valid and binding, is well settled. In re Roche, 101 Fed. 956, 42 C. C. A. 115, and authorities cited. The only question, therefore, necessary to be considered, is whether, within the purview of the bankruptcy act of 1898, the fees demanded by the attorneys in the present case constituted a claim provable against the estate of the bankrupts. By section 63 of the act (Act July 1, 1898, c. 541, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3447]) it is provided:
“Debts Which may be…
2Cases cited3 opinions
- Smith v. Mortgage & Debenture Co.Court of Appeals for the Fifth Circuit · 1900
- Merchants' Bank v. ThomasCourt of Appeals for the Fifth Circuit · 1903
- In re GarlingtonDistrict Court, N.D. Texas · 1902
3Cited by6 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- British & American Mortgage Co. v. StuartCourt of Appeals for the Fifth Circuit · 1914
- In re GebhardDistrict Court, M.D. Pennsylvania · 1905
- In re JenkinsDistrict Court, W.D. South Carolina · 1912
- In re T. H. Thompson Milling Co.District Court, W.D. Texas · 1906
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