Collier on bankruptcy

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 Excerpt: ...duties materially benefit or hasten the administration of the estate; and, if so, were the services of the bankrupt's attorney both necessary and instrumental to either of those ends? For Bankrupts in Voluntary Cases.--Here the cases take a wide range. The allowance itself and the amount are both discretionary. 16. See In re Evans. 8 Am. B. R. Fed. 123; also In re Ghiglione, 1 730 (and modification on rehearing in Am. B. R. 580. 93 Fed. 186. foot-note), 116 Fed. 009. 21. In re Curtis, ante. 17. In re Smith, 5 Am. B. R. 559, 22. See "For Trustees," in this 108 Fed. 39. Section, post. 18. In re Silverman, 3 Am. B. R. 23. See i 7, ante: also In re 227. 97 Fed. 325. Woodard, supra. 19. In re Groves. 2 N. B. N. Rep. 24. See foot-notes of next para466; In re Little River Lumber Co., graph, where the cases in both volunante. tary and involuntary bankruptcy are 20. In re Woodard, 2 Am. B. R. collated. 692, 95 Fed. 955: In re Silverman, 25. In re Eschwege, 8 Am. B. Rsupra. Compare In re Harrison 282. Mechanical Co., 2 Am. B. R. 419, 95 It has been held on the one hand that the attorney for the bankrupt is merely a general creditor entitled to dividends;x and, on the other, that he is entitled to an allowance for all services to the bankrupt during the proceeding, whether beneficial to the estate or not, even those connected with the discharge; and, in addition, to priority of payment.27 The safer rule is that the bankrupt's attorney is only entitled to compensation out of the estate for services, which though performed for the bankrupt, are really " in aid of the estate and its administration."28 This excludes services in connection with the discharge,28 and, it is thought, save in exceptional instances, everything done after the appointment of t...