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the laws of the United States, and one reasonable attorney's fee, for the professional services actually rendered, irrespective of the number of attorneys employed, to the petitioning creditors in involuntary cases, to the bankrupt in involuntary cases while performing the duties herein described, and to the bankrupt in voluntary cases, as the court may allow." It further provides that the costs of administration shall include "one reasonable attorney's fee, for the professional services actually rendered, irrespective of the number of attorneys employed, to the petitioning creditors in involuntary cases,2 to the bankrupt in involun

§ 665. 130 St. at L. 544, 563, § 64. See supra, § 649.

2 The attorney for the petitioners in involuntary proceedings is entitled to compensation for all services performed by him for the benefit of the estate before the election of the trustee. Re Curtis, C. C. A., 100 Fed. 784; Re W. B. Terrell Co., 250 Fed. 317. Where there are several attorneys for petitioning creditors, the amount will not be increased, but there will be a division instead of a multiplication thereof. Re Coney Island Lumber Co., 199 Fed. 197. Where there was a consolidation of two proceedings, but one attorney's fee was allowed, which was equitably divided among the different attorneys who had appeared. Re McCracken & McLeod, 129 Fed. 621. Attorneys who filed a defective petition in involuntary bankruptcy were not allowed fees after an adjudication made upon a second petition by other creditors through other attorneys. Re Fisher, C. C. A., 175 Fed. 531. An attorney, who files a successful demurrer to a petition in involuntary bankruptcy and also a second petition on behalf of other creditors, was not allowed to share in the compensation, where the first petition was amended and an adjudica

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tion made upon the same, the second being ignored. Frank v. Dickey, C. C. A., 139 Fed. 744. The amount of compensation awarded varies in the different districts and is largely dependent upon the amount involved and the benefit to the estate derived from the attorney's services. In the Eastern District of North Carolina, it is the rule to pay the attorney for the petitioners a fee, not exceeding $50,, for preparing the petition, superintending the filing of the same, issuing the subpoena and preparing the schedules. No further fees are ordinarily paid him when there is no contest and he takes no steps to recover assets. Re Carr, 117 Fed. 572; Re Talton, 137 Fed. 178. In Missouri $75. Re Mercantile Co., 95 Fed. 123. In Virginia, $75. Re Woodard, 95 Fed. 955. Where the assets amounted to $100,000, and the only contest arose out of an alleged estoppel against the petitioners, in which the decision of the District Court was affirmed upon an appeal to the Circuit Court of Appeals; it was held that $2,000 was an adequate allowance for the petitioners' attorney. Re Curtis, C. C. A., 100 Fed. 784, Ill. Where, after a long litigation, the attorneys recovered $2,500, the petitioners' attorneys

tary cases while performing the duties herein prescribed, and to the bankrupt in voluntary cases as the court may allow"; 3

were allowed $1,000. Smith V. Cooper, C. C. A., 120 Fed. 230, Ga. In North Carolina, where about $30,000 were collected, about $11,000 paid to the general creditors, and a number of parcels of land were sold, $750 was allowed to the attorneys for the petitioning creditors and $500 to the attorney for the trustee. Re Munford, 255 Fed. 108. Where the attorneys for the petitioners collected $2,600 by a suit in another district, in which they advanced initiatory costs, secured testimony and paid the expenses of the litigation; they were allowed $150. Re Evans, 117 Fed. 574, N. C. It has been intimated that it should not be as much as the compensation paid to the attorneys for the plaintiff in a creditor's bill. Re Mercantile Co., 95 Fed. 123. Where an unsuccessful litigation was instituted by the attorneys for the petitioners; it was held that no compensation for this should be allowed them. Re Goldville Mfg. Co., 123 Fed. 579, 583. In an extraordinary case, when they have rendered services beneficial to the estate, counsel for creditors are entitled to compensation. Re Medina Quarry Co., 182 Fed. 508. See Re Gillaspie, 190 Fed. 88; § 421, supra. But not for the continuance of such services after the appointment of a trustee and his engagement of other counsel, unless the trustee abandons the litigation. Re Medina Quarry Co., 182 Fed. 508. The petitioners's attorney cannot ordinarily be paid for his services upon an examination of the bankrupt. Re Rozinsky, 101 Fed. 229. Nor for objections to claims of other creditors, which were

made for the purpose of controlling the election of a trustee. Re Mercantile Co., 95 Fed. 123; nor for successful opposition to a composition, Re Kinnane, C. C. A., 242 Fed. 769; nor for any services rendered after a trustee has been elected, although he has rendered valuable services in co-operation with the trustee's attorney. Re Felson, 139 Fed. 275. But in a case where the trustee refuses to act, and an action or appeal is prosecuted in his name, or otherwise, by the attorneys for creditors, which results in increasing the asset, the attorney's fees will usually be allowed to them. 30 St. at L. 544, 563, § 63; 32 St. at L. 797. See Re Little River Lumber Co., 101 Fed. 558. A judgment creditor who set aside fraudulent conveyances within four months before the bankruptcy proceedings, was allowed a preference for his costs and expenses, although he lost his lien. Re Lesser, 100 Fed. 433.

3 The attorney for the bankrupt may charge for consultations concerning the filing of a petition of voluntary bankruptcy and the preparation of the schedules. Re Kross, 96 Fed. 816. For attending with the bankrupt before the referee. Re Duran Mercantile Co., 199 Fed. 961, and also for an application for the appointment of a receiver or injunction to protect the estate before a trustee is elected. Re Burrus, 97 Fed. 926. He is not entitled to compensation for services in attempting to sustain a claim to an exemption, Re O'Hara, 166 Fed. 384; nor on a contested application, confirm a composition, Re Fogarty, 187 Fed. 773; Re Stolp, 199 Fed. 488;

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 cred

Re Kinnane Co., C. C. A., 242 Fed. 769; nor for his resistance to involuntary bankruptcy proceedings, Pratt v. Bothe, C. C. A., 130 Fed. 670; Ingraham v. National Salt Co., C. C. A., 130 Fed. 676; nor for unsuccessful resistance to proceedings against the bankrupt for the fraudulent concealment of property, Re Felson, 139 Fed 275. It has been held that he is not entitled to compensation for services in procuring the bankrupt's discharge. Re Brundin, 112 Fed. 306; Re Gillardon, 187 Fed. 289; Re Duran Mercantile Co., 199 Fed. 961. Contra, Re Christianson, 175 Fed. 867, allowing $20 for such a service. Where, after the discharge of the bankrupt, his attorney, after considerable labor, discovered additional assets, he was allowed compensation for the same. Re Irwin, 177 Fed. 284. Where an attorney immediately before the bankruptcy proceedings obtained a reduction of $350 in taxes, which were a lien upon the estate, he was allowed $75 for his services, which included a journey of fifty miles to examine the records, thus occupying two days, and subsequent consultations with the district attorney. He was also allowed $25 for obtaining a stay order against the prosecution of an attachment suit pending at the time of the filing of the petition. Re Duran Mercanile Co., 199 Fed. 961. The amounts paid to the banrupt's attorney vary in different districts and are also dependent upon the nature of the case and the

amount involved. In the Southern District of New York, where the assets are small and the schedules simple, it has been held that $30 will be a reaonable fee to the attorney for the bankrupt for the preparation of the petition and schedules, and $20 for procuring the discharge. Re Kross, 96 Fed. 816. This same rule seems to prevail in the districts of North Carolina. Re Carolina Cooperage Co., 96 Fed. 950; Re Smith, 108 Fed. 39; Re Morris, 125 Fed. 841, and in Hawaii; Re Stratemeyer, 14 Am. B. R. 120. In North Dakota, $35. Re Christianson, 175 Fed. 867. In a case in North Carolina, only $20 was allowed. Re Talton, 137 Fed. 178. See Re Covington, 132 Fed. 884, where there was an allowance of $50. Where the estate was about $30,000 and about $11,000 was paid to the general creditors, the bankrupt's attorney was allowed $200. Re Munford, 255 Fed. 108, 117. In New Mexico, where the assets amounted to $4,500, $50 were allowed for the preparation of the schedules, the court saying that, were the assets less, $25 would be sufficient. $25 was allowed for attending the bankrupt on several days before the referee, the court being of the opinion that no more than one day's attendance was necessary, since there was no attack upon the bankrupt's good faith. Re Duran Mercantile Co., 199 Fed. 961. In a case in Connecticut two attorneys for the bankrupt were awarded $2,500 to be divided equally between them,

itors, the reasonable expenses of such recovery." It has been held that, where there is a deficit, the attorney's fees take precedence over a lienor upon the fund. The amounts allowed attorneys are paid directly to them, and there is no necessity for the payment of an attorney's bill by a trustee or receiver before the allowance thereof to the attorney.6 The petition for an allowance to the attorney for creditors should be made by the creditors themselves and not by the attorney. It has been held that notice to creditors of applications for the allowance of an attorney's fee is not necessary, unless a rule of court otherwise directs. An attorney cannot be allowed pay for clerical

it appearing from which the sum of $500 received by one of them from friends of the bankrupt was deducted. Re Weissman, 267 Fed. 588. The attorneys for minority stockholders are not entitled to compensation for services in resisting an adjudication of the bankruptcy of the corporation. Re Murphy Boot & Shoe Co., 242 Fed. 991.

430 St. at L. 544, 563, § 64; 32 St. at L. 797.

5 Re Erie Lumber Co., 150 Fed. 817. Even over the holders of re-. ceiver's certificate. Smith v. Shenandoah Nat. Bank, 246 Fed. 379; see supra, §§ 309, 321-322. / It has been held otherwise as regards a successful adverse claimant to the property or the proceeds thereof. Gillespie v. J. C. Piles & Co., C. C. A., 178 Fed. 886. The filing fees of the clerk must be paid before the attorney's fees, Re Darr, 232 Fed. 415.

6 Re McKenna, 137 Fed. 611. But see Re Young, 142 Fed. 891; supra, § 321a.

7 Re Young, 142 Fed. 891, 892, 893, per Purnell, D. J.: "The statute does not authorize the payment of any fee to an attorney, but expressly says, to the petitioning creditors, to the bankrupt while

performing the duties in involuntary cases and in voluntary cases, as the court may allow. The allowance evidently is intended to reimburse the petitioning creditors and the bankrupt, and not to encourage a speculative practice of the law. Throwing or forcing a citizen or a firm into bankruptcy is more serious than many attorneys who file these petitions seem to think. It frequently breaks up a happy home, and places a stigma on a good name it has required years to establish. It was never intended either should be done on speculative principles.''

8 Re Stotts, 93 Fed. 438; Re Felson, 139 Fed. 275. Contra, Re Young, 142 Fed. 891, 893, S. D. N. Y. Rule 22, "All applications before referees for allowances to receivers, appraisers, trustees or attorneys, shall be heard on notice sent by mail to the creditors by the referee." It is the better practice to have the claims for attorneys' fees filed with the referee and notice thereof given to the trustee and to all parties who have appeared by attorneys in the proceedings. Re Huddlestón, 167 Fed. 428; Re Stoddard Bros. Lumber Co., 169 Fed. 190. An order by a referee allowing compensation to an attor

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work which he has performed. The attorneys for the trustee 10 and receiver 11 are entitled to compensation out of the estate for their professional services; but, the attorney for the receiver is not entitled to compensation for services in instituting the bankruptcy proceedings and obtaining the receivership.12

§ 666. Review by Circuit Courts of Appeals. Circuit Courts of Appeals may review the decisions of the Courts of Bankruptcy in three ways: by writ of error, by appeal and by summary supervision. The Circuit Court of Appeals and the Supreme Courts of the Territories in vacation in chambers as well as during their respective terms, are invested with appellate

ney may be subsequently set aside upon the application of creditors, or by the court upon its own motion. Re De Ran, C. C. A., 260 Fed. 732.

9 Re Connell & Sons, 120 Fed. 846. See Re Payne, 151 Fed. 1018.

10 Re Byerly, 128 Fed. 637; Re McKenna, 137 Fed. 611; Page v. Rogers, C. C. A., 149 Fed. 194; Re Huddleston, 167 Fed. 428. The attorney for the trustee is entitled to be reimbursed for his services and expenses in investigating the claims of creditors and resisting those which the trustee deems to be improper. Re Lewensohn, C. C. A., 121 Fed. 538. For a case where the attorney for the trustee was refused compensation, at the expense of creditors, for labor and services for an unsuccessful litigation in an attempt to increase the assets, see Re Rozinsky, 101 Fed. 229. Where the receiver was afterwards appointed trustee, a settlement of the fees of his counsel was determined in connection with the compensation awarded him for fees in the latter capacity. Re James Carothers & Co., 182 Fed. 501. It is misconduct on the part of a receiver and his attorneys, to agree to divide the fees between themselves or with the attorney for the bankrupt, and the

receiver may be removed therefor and no fees allowed to him or his attorney in consequence thereof. Re Oshwitz, 183 Fed. 990. For a case where $300 out of an estate of $900 was awarded to attorneys for the receivers, see Re Huddelston, 167 Fed. 428. $1,000 was allowed an attorney in a case which resulted in the collection of $2,500. Smith v. Cooper, C. C. A., 120 Fed. 230, 56 C. C. A. 578, reversing the court below. See Re Huddleston, 167 Fed. 428, 431. Where fire insurance was due partly to a trustee in bankruptcy and partly to lienholders and the lienholders consented to its collection by the trustee, the attorney's fee for the collection was charged against the proportioned share of the lienholders. Re Holmes Lumber Co., 189 Fed. 178. Where the proceedings are dismissed for want of jurisdiction, the attorney for the trustee was only allowed his actual disbursements and compensation for services rendered in the necessary preservation of the estate. Re Eagle Steam Laundry Co., 184 Fed. 949.

11 Re Oppenheimer, 146 Fed. 140; Re Erie Lumber Co., 150 Fed. 817; Re Martin Borgeson Co., 151 Fed. 780; Re Krause, 155 Fed. 702.

12 Re Oppenheimer, 146 Fed. 140

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