Imágenes de páginas
PDF
EPUB

of estates shall, except where other provisions are made for their payment, be reported in detail, under oath, and examined and approved or disapproved by the court. If approved, they shall be paid or allowed of the estates in which they were incurred.” 6 The costs include “the filing fees paid by creditors in involuntary cases, and, where property of the bankrupt, transferred or concealed by him either before or after the filing of the petition shall have been recovered for the benefit of the estate of the bankrupt by the efforts and at the expense of one or more creditors, the reasonable expenses of such recovery."7 The referee may, “upon the application of the trustee during the examination of the bankrupts, or other proceedings, authorize the employment of stenographers at the expense of the estates for a compensation not to exceed ten cents per folio for reporting and transcribing the proceedings.'

6 30 St. at L. 544, 562, $ 62. It has been held that the costs and expenses of the administration are entitled to priority of payment over taxes due the State. State of New Jersey v. Lovell, C. C. A., Third Ct., 179 Fed. 321. Contra, as to taxes due the United States, Re Weiss, S. D. N. Y., 159 Fed. 295. See $ 649, supra. Such costs of administration include the fees and mileage of witnesses. 30 St. at L. 544, 563, 8 64; Re Carolina Cooperage Co., 96 Fed. 604; supra, $ 419, but not additional compensation to expert witnesses. Re Carolina Cooperage Co., 96 Fed. 604. 732 St. at L., 797.

See supra, $ 643. The filing fees are not repaid the bankrupt. Re Matthews, 97 Fed. 772. The affidavit by the petitioner of his inability to pay the filing fees is not conclusive. Re Collier, 93 Fed. 191.

See supra, 8 413. It has been held that a trustee, who has no funds in his hands, cannot be obliged to advance money to pay the disbursements of the bankrupt in opposing an appli

cation to compel him to turn over property, although the bankrupt testifies that he himself is without means. Re Goldstein, 155 Fed. 695. The bankrupt may be obliged to pay them as a condition to the filing of a petition of voluntary bankruptcy, al. though all of his property is exempt from execution. Re Collier, 93 Fed. 191; Re Bean, 100 Fed. 262; Re Hines, 117 Fed. 790; Re Mason, 181 Fed. 899.

8 Re Todd, 109 Fed. 265; Re Mammoth Pine Lumber Co., 116 Fed. 731; Re Pearce, 235 Fed. 917; Re Weissman, 267 Fed. 588, supra, $ 418c. Where the stenographer furnished three copies, his compensation was reduced to forty cents a page, his charge of one dollar a page being held to be unreasonable. Re Ellott El. Co., 196 Fed. 400. In the absence of such an order, stenographers' fees canot be taxed, except upon a written stipulation between the attorneys. 30 St. at L. 544, § 38a, subd. 5; supra, 8 420. The bankrupt is entitled to a copy of the testimony upon payment of

“In any case in which the fees of the clerk, referee and trustee are not required by the act to be paid by a debtor before filing his petition to be adjudged a bankrupt, the judge, at any time during the pendency of the proceedings in bankruptcy, may order those fees to be paid out of the estate; or may, after notice to the bankrupt, and satisfactory proof that he then has or can obtain the money with which to pay those fees, order him to pay them within a time specified, and, if he fails to do so, may order his petition to be dismissed."9 “Before incurring any expense in publishing or mailing of notices, or in traveling, or in procuring the attendance of witnesses, or in perpetuating testimony, the clerk, marshal or referee may require, from the bankrupt or other person in whose behalf the duty is to be performed, indemnity for such expense. Money advanced for this purpose by the bankrupt or other person shall be repaid him out of the estate as part of the cost of administering the same.” 10

§ 660. Clerk's fees. “Clerks shall respectively (1) account for, as for other fees received by them, the clerk's fee paid in each case and such other fees as may be received for certified copies of record which may be prepared for persons other than officers; (2) collect the fees of the clerk, referee, and trustee in each case instituted before filing the petition, except the petition of proposed voluntary bankrupt which is accompanied by an affidavit stating that the petitioner is without, and cannot obtain, the money with which to pay such fees, (3) deliver to the referees upon application all papers which may be referred to them, or, if the offices of such referees are not in the same cities or towns as the offices of such clerks, transmit such papers

the legal fees therefor. Petition of Moulthrop, C. C. A., 249 Fed. 468.

9 General Order XXXV.

10 General Order X. Re Crisp, 239 Fed. 419. The referee is not authorized to require a petitioner for the re-examination of claims to indemnify the claimants for hotel bills and travelling expenses in order to attend the hearing. Re Elk Valley Coal Mining Co., 210 Fed. 386. See supra, $ 645.

$ 660. 1 Cf. supra, 8 413. This provision does not relieve a volunta petitioner from his obligation to furnish indemnity when required in order to enable the requisite notice to creditors to be published, Re Crisp, 239 Fed. 419; supra, $ 659; nor authorize the bankrupt after paying a fee to his attorney to avoid payment of the filing fees. Re Darr, 232 Fed. 415. See infra, $ 665.

3

by mail, and in like manner return papers which were re-
ceived from such referees after they had been used; (4) and
within ten days after each case has been closed pay to the
referee, if the case was referred, the fee collected for him, and
to the trustee the fee collected for him at the time of filing the
petition."'Clerks shall respectively receive as full compensa-
tion for their service to each estate, a filing fee of ten dollars,
except where a fee is not required from a voluntary bankrupt.
“The fees allowed by the act to clerks shall be in full compensa-
tion for all services performed by them in regard to filing peti-
tions or other papers required by the act to be filed with them,
or in certifying or delivering papers or copies of records to
referees or other officers, or in receiving or paying out money;
but shall not include copies furnished to other persons, or ex-
penses necessarily incurred in publishing or mailing notices or
other papers." 4

8 661. Marshal's fees. “Marshals shall respectively receive from the estate where an adjudication in bankruptcy is made, except as herein otherwise provided, for the performance of their services in proceedings in bankruptcy, the same fees, and account for them in the same way, as they are entitled to receive for the performance of the same or similar services in other cases in accordance with laws now in force, or such as may be hereafter enacted, fixing the compensation of marshals.” 1 Where the rules require that a paper be served by the marshal, he may charge a reasonable fee for such services, although no fee therefor is specified in the Revised Statutes. 2 A fee of two

4

[ocr errors][ocr errors][merged small]

2 30 St. at L. 544, 558, 559, $ 51. See $ 586, supra.

Where the members of a partnership seek a discharge of themselves and of the partnership, the clerk is entitled to separate fees for each partner and for the partnership, as if they were distinct proceedings. Re Farley, 115 Fed. 359; supra, 8 618.

3 30 St. at L. 544, 559, $ 52.

4 General Order XXXV. It has been held: that a clerk can charge his expenses for postage, stationery and clerical work, in sending out

notices to creditors of a petition for
a discharge; but that a fee of
twenty-five cents, Re Dunn Hard.
ware & Furniture Co., 134 Fed. 997;
or ten cents, Re Loughney, 218 Fed.
980; for each notice is improper.
But see U. S. v. U. S. Fidelity &
Guaranty Co., 263 Fed. 442.

$ 661. 130 St. at L. 544, 559,
$ 52; supra, $ 418; Re Woodard,
95 Fed. 955; Re Scott, 99 Fed. 404;
Re Adams Sartorial Art Co., 101
Fed. 215; Re Damon, 104 Fed. 775.

2 Re Damon, 104 Fed. .775.

dollars for the service by him of a petition and two dollars for the service by him of an order to show cause, with the accompanying affidavits, was held to be proper, although all the papers were pinned together under one cover. The marshal is also entitled to reasonable compensation, in addition to his disbursements, when he seized property of the bankrupt under the order of the Court of Bankruptcy. When marshals are appointed to take charge of the property of bankrupts after the filing of the petition until the dismissal thereof or the qualification of the trustee, they are entitled to the same fees as receivers in like cases. When the business of bankrupts is conducted by a mar, shal in accordance with the orders of the court under the bankruptcy law he may be allowed the same compensation that may be allowed to trustees and receivers in like cases. 6

8 662. Referee's fees. “(a) Referees shall receive as full compensation for their services, payable after they are rendered, a fee of fifteen dollars deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bankrupt and twenty-five cents for every proof of claim filed for allowance, to be paid from the estate, if any, as a part of the cost of administration, and from estates which have been administered before them one per centum commissions on all moneys disbursed to creditors by the trustee, or one-half of one per centum on the amount to be paid to creditors upon the confirmation of a composition. (b) Whenever a case is transferred from one referee to another the judge shall determine the proportion in which the fee and commissions therefor shall be divided between the referees.

(c) In the event of the reference of a case being revoked before it is concluded, and when the case is specially referred, the judge shall determine what part of the fee and commission shall be

3 Re Damon, 104 Fed. 775, 777.

4 Re Adams Sartorial Art Co., 101 Fed. 215, See Re Scott, 99 Fed. 404. In one case, twenty dollars for seventeen days was held to be reasonable' compensation.

Re Adams Sartorial Art Co., 101 Fed. 215.

In another, deputy marshals were allowed two dollars and a half a day, besides their mileage and

other necessary disbursements, exclusive of the cost of their board and lodging, and including one dollar a day for a watchman, who was also employed. Re Scott, 99 Fed. 404,

5 30 St. at L. 544, 558, § 48d, infra, $ 664.

6 Ibid., § 48e.

1

paid to the referee." 1 "Neither the referee, receiver, marshal, nor the trustee shall in any form or guise receive, nor shall the court allow him, any other or further compensation for his services than that expressly authorized and prescribed in this act.” ? The compensation of referees, prescribed by the act, shall be in full compensation for all services performed by them under the act, or under these general orders; but shall not include expenses necessarily incurred by them in publishing or mailing notices, in traveling, or in perpetuating testimony, or other expenses necessarily incurred in the performance of their duties under the

$ 662. 130 St. at L. 544, 556, $ 40; 32 St. at L. 797. See Re Ft. Wayne, etc., Corp., 94 Fed. 109; Re Carolina Cooperage Co., 96 Fed. 950; Re Barber, 97 Fed. 547; Re Tebo, 101 Fed. 419; Re Troth, 104 Fed. 201; infra, 8 663. It has been held that the referee is allowed his commissions upon the payments to creditors with a priority. Re Alison Lumber Co., 137 Fed. 643; Re Cramond, 145 Fed. 966, 17 Am. B. R. 22, 30; Re Coffin, 2 Am. B. R. 344, by Referee Dillard; Re Gerson, 2 Am. B. R. 352, by Referee Mason; including secured creditors; Re Cramond, 145 Fed. 966, 17 Am. B. R. 22; Re Erie Lumber Co., 150 Fed. 817; but, that he is not entitled to a commission upon that part of the proceeds of property sold by him, which is applied to satisfy a lien. Re Mammoth Pine Lumber Co., 116 Fed. 731, 743; Re Goldville Mfg. Co., 123 Fed. 579, 587; Re Anders Push Button Telephone Co., 136 Fed. 995; Re Elk Valley Coal Mining Co., 213 Fed. 383. Contra, Re Sanford Furniture Mfg. Co., 126 Fed. 888; Re Barber, 97 Fed. 547; Re Columbia Cotton Oil & Prov. Corp., C. C. A., 210 Fed. 824. Where a lien is foreclosed in a State court, the commissions of the referee are to be computed

only on the amount received by the trustee and disbursed to creditors, not upon the whole proceeds of the sale. Re Iowa Falls Mfg. Co., 140 Fed. 527. He is entitled to no commission upon money paid for the expenses of the administration of the estate. Re Motridge, 258 Fed. 229. Nor upon the amount of stock given creditors under a plan of reorganization, his commission in such case being based upon the actual cash price paid by the re-organized corporation. Am. Surety Co. v. Freed, C. C. A., 224 Fed. 333. In the case of a composition he is entitled to a commission on the amount paid to creditors although this is not received nor distributed by him. Re J. B. White & Co., 225 Fed. 796.

230 St, at L. 544, $ 72; 32 St. at L. 797; Re Mammoth Pine Lumber Co., 116 Fed. 731. A practice prevails in the Second Circuit, of referring to the referee special issues in a bankruptcy proceeding as a special master and allowing him compensation therefor. This has also been done in the Seventh Cir. cuit; Fellows v. Freudenthal, C. C. A., 102 Fed. 731; in the Northern District of Michigan. Re Grossman, 111 Fed. 507; and in the District of South Carolina, Re Goldville Mfg. Co., 123. Fed. 579, 587. See Re

« AnteriorContinuar »