Pratt v. Bothe
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Michigan. This is an appeal from an order made by the District Court in a proceeding in a bankruptcy case wherein Flora B. Hawley had been adjudicated a bankrupt, which order denied a petition of the appellant praying that the trustee be directed to pay the petitioner, out of tne moneys in his hands belonging to the estate of the bankrupt, the balance claimed to be due to him for services as an…
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Appeal from the District Court of the United States for the Eastern District of Michigan. This is an appeal from an order made by the District Court in a proceeding in a bankruptcy case wherein Flora B. Hawley had been adjudicated a bankrupt, which order denied a petition of the appellant praying that the trustee be directed to pay the petitioner, out of tne moneys in his hands belonging to the estate of the bankrupt, the balance claimed to be due to him for services as an attorney and counselor at law rendered to the bankrupt, and for disbursements made for her while in such professional…
1Opinion of the CourtSeverens, Circuit Judge
The contention of the appellant is that his whole claim, to the extent that it has not been paid, should be allowed as a charge upon the fund in the hands of the trustee, and should be paid before distribution to general creditors. He founds his claim upon the provision of section 60d of the bankruptcy act of July 1, 1898, c. 541, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3446], which reads as follows;
“If a debtor shall directly or indirectly, in contemplation of the filing of a petition by or against him, pay money or transfer property to an attorney and counselor at law, solicitor in equity,…
2Cases cited4 opinions
- Randolph v. ScruggsSupreme Court of the United States · 1903
- In re KrossDistrict Court, S.D. New York · 1899
- Furth v. StahlSupreme Court of Pennsylvania · 1903
- In re ComstockDistrict Court, W.D. Michigan · 1871
3Cited by27 opinions
- Conrad, Rubin & Lesser v. PenderSupreme Court of the United States · 1933
- In re StewartCourt of Appeals for the Sixth Circuit · 1910
- In Re Owl Drug Co.District Court, D. Nevada · 1936
- W. J. Davidson & Co. v. FriedmanCourt of Appeals for the Sixth Circuit · 1906
- In Re FalkCourt of Appeals for the Second Circuit · 1929
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