Legal Opinion

In re Kaplan

District Court, E.D. New York

Decided October 21, 1938No. 33738Published

1Opinion of the Court

BYERS, District Judge.

Motion to confirm a report of a special master to whom “the issues raised herein” were referred to take testimony and report together with his findings.

The issues arose upon a petition of the bankrupt for an order fixing “the counsel fees, expenses and damages of the alleged bankrupt occasioned by the receivership herein pursuant to Section 3(e) of the Bankruptcy Act” [11 U.S.C.A. § 21(e)].

By memorandum dated March 1, 1938, the effort was made to indicate that the motion papers were not convincing that any damage whatever could be proven, but the petitioner was given the…

2Cases cited7 opinions

  1. In re LacovCourt of Appeals for the Second Circuit · 1905
  2. In Re St. Lawrence Condensed Milk CorporationCourt of Appeals for the Second Circuit · 1925
  3. In re Moehs & RechnitzerDistrict Court, S.D. New York · 1909
  4. In re J. Ito TerusakiDistrict Court, W.D. Washington · 1916
  5. In re WardDistrict Court, D. New Jersey · 1913

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