In re Henry Wood Sons Co.
| Decision Date | 23 March 1922 |
| Docket Number | 28529. |
| Parties | In re HENRY WOOD SONS CO. |
| Court | U.S. District Court — District of Massachusetts |
W. Edwin Ulmer, of Boston, Mass., for bankrupt.
Clarence A. Barnes, of Boston, Mass., for trustee.
This is a review of an order of the referee making an allowance for counsel fees in a bankrupt estate. The counsel to whom the allowance was made is content with it and no creditor opposes it. The present review is taken by the bankrupt itself.
The first question is whether the bankrupt has a standing to prosecute such a proceeding. An appeal can be taken only by a party who has a direct interest in the decision appealed from. Whether he has such an interest is a question of fact. Morey v. Sohier, 63 N.H. 507, 513, 3 A. 636, 56 Am.Rep. 538. Review proceedings in bankruptcy are provided in Bankruptcy Act, Sec. 39a(5), section 2(10), being Comp. St. Secs. 9623, 9586, and General Order XXVII (89 F. xi, 32 C.C.A. xxvii). The point under discussion is within the scope of the general order just referred to. While that order does not in express terms limit the right of review to parties having an appealable interest in the subject-matter of the petition for review, it has been so understood and construed. Foreman v. Burleigh, 109 F. 313, 48 C.C.A. 376 (1st Cir.); In re Lewensohn, 121 F. 538, 57 C.C.A. 600 (2d Cir.); In re Mexico Hardware Co. (D.C.) 197 F. 650, reviewing decisions.
The bankrupt is hopelessly insolvent. Its counsel stated at the hearing on this matter that it would pay only a small percentage, if anything, on the unsecured claims against it. Upon adjudication it became 'civiliter mortuus' (Chase, C. J., Herndon v. Howard, 9 Wall. 664, 19 L.Ed. 809), and thereafter had no further interest in its property or estate. It could not even prosecute an appeal from a pending case to which it was a party. Knox v. Exchange Bank, 12 Wall. 379, 381, 20 L.Ed. 414. The amount allowed to counsel for the receiver and trustee makes no pecuniary difference to the bankrupt, and it has no pecuniary interest therein. For this reason the order must be:
Petition dismissed.
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In re Deena Woolen Mills
...the right of review to those persons having "a direct interest". Colliers, Vol. 2, 14 Ed. page 1479. See also in The Matter of Henry Woods Sons, Co., D.C., 279 F. 608; Forsher v. Graham, 6 Cir., 32 F.2d 654; In re Continental Bldg. & Loan Association, D.C., 232 F. 413; In re Grossman, D.C.,......
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In re Photon Inc.
...bankrupt. Upon adjudication, Photon became "civiliter mortuus" and had no further interest in its property or estate. In re Henry Wood Sons Co., 279 F. 608 (D.Mass.1922); See also Goodwin's Discount Furniture Inc., 16 B.R. 885 (Bkrtcy., 1st Cir.1982). The bankrupt's property interests passe......
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In re Goodwin's Discount Furniture, Inc.
...certiorari denied 364 U.S. 908, 81 S.Ct. 271, 5 L.Ed.2d 224 (1960); Castaner v. Mora, 216 F.2d 189 (1st Cir. 1954); In re Henry Wood Sons Co., 279 F. 608 (D.C.Mass., 1922). Here, the Debtor's liabilities exceeded its net assets by approximately $147,000.00 as of the date of filing of the Ch......
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Castaner v. Mora
...in a legal sense and has no standing to appeal from this order. See In re Pramer, 7 Cir., 1942, 131 F.2d 733, 734; In re Henry Wood Sons Co., D.C.Mass., 1922, 279 F. 608; In re Cook's Motors, Inc., 1 Cir., 1944, 142 F.2d It follows that appellee's motion to dismiss should be granted, and an......