Guerin v. Weil, Gotshal & Manges
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Citation | 205 F.2d 302 |
| Docket Number | Docket 22629.,No. 217,217 |
| Parties | GUERIN v. WEIL, GOTSHAL & MANGES. |
| Decision Date | 02 June 1953 |
205 F.2d 302 (1953)
GUERIN
v.
WEIL, GOTSHAL & MANGES.
No. 217, Docket 22629.
United States Court of Appeals Second Circuit.
Argued April 13, 1953.
Decided June 2, 1953.
Emil Weitzner, New York City (Joseph Levine, New York City, of counsel), for appellant.
Weil, Gotshal & Manges, New York City (Edward C. Wallace and Ira M. Millstein, New York City, of counsel), for appellees.
Before L. HAND, AUGUSTUS N. HAND and CLARK, Circuit Judges.
AUGUSTUS N. HAND, Circuit Judge.
On January 20, 1948, an involuntary petition in bankruptcy was filed by certain creditors against Tailored Robes, Inc., in the United States District Court for the Southern District of New York. The bankrupt's answer denied insolvency and the commission of the act of bankruptcy alleged. The appellees, attorneys for the petitioning creditors, employed accountants to examine the bankrupt's books in order that they could assist in the conduct of examinations under Section 21, sub. a, of the Bankruptcy Act, 11 U.S.C.A. § 44, sub. a, and give expert testimony at the trial. Appraisers were also utilized to give expert testimony. Adjudication of bankruptcy followed on September 18, 1950. On July 3, 1951, the appellees filed a petition for an allowance to them for their services, Bankruptcy Act § 64, sub. a(1), § 62, sub. d, 11 U.S.C. §§ 104, sub. a(1), 102, sub.d, and for disbursements, including the sum of $6,921.25 here in question for the services of the accountants and appraisers. Following a hearing on the objections filed by two general creditors, the referee on January 30, 1952, allowed the appellees a fee of $11,000 for their services as attorneys for the petitioning creditors, but held that a court of bankruptcy had no power to grant the allowances for the services of
Reimbursement for expenditures by a petitioning creditor for accountants and appraisers is not specifically allowed by any provision of the Bankruptcy Act. Reliance is placed on General Order 34, 11 U.S.C.A. following section 53 (see also § 2, sub. a(18) of the Bankruptcy Act, 11 U.S. C.A. § 11, sub. a(18), permitting the recovery by a petitioning creditor of "the same costs...
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