In re Simon
| Decision Date | 12 April 1922 |
| Docket Number | 23777. |
| Citation | 279 F. 794 |
| Parties | In re SIMON. |
| Court | U.S. District Court — District of Massachusetts |
William Hirsh, of Boston, Mass., for petitioners.
William H. Garland, of Boston, Mass., for bankrupt.
These are petitions for the allowance of disbursements and for counsel fees to a creditor who alone prosecuted successfully objections to the discharge of the bankrupt. It is objected that there is no power to make such orders, and, if there be such power, it ought not to be exercised.
Simon was a fraudulent bankrupt, who, although not entitled to his discharge, prosecuted his petition for it. No question concerning the estate is involved. As between the bankrupt and the creditor, I see no reason why the usual rule should not be applied, and the costs of the proceeding taxed against the losing party, and I think that the court has power to award them. In Bragassa v. St. Louis Cycle Co. (C.C.A. 5th Cir.) 107 F. 77, 46 C.C.A. 154, it was held that the taxation of costs against a bankrupt whose petition for discharge was denied was correct. 'As the costs were legitimately incurred, we see no other way than to tax the same to the losing party. ' Pardee, J., 107 F. 80, 46 C.C.A. 157. See, also, to the same effect, In re Wolpert, 1 A.B.R. 436. The same result was reached under the act of 1867 (14 Stat. 517). In re Holgate, Fed. Cas. No. 6,601.
The petitioner is allowed as costs such actual and necessary disbursements in the proceeding as would be taxable in equity. The petition for counsel fees is denied.
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In re Hammett, Civ. A. No. 82-4913
...the grant of such an award. See, e.g., Gelson v. Rudin, 200 F.2d 31 (2d Cir.1952); In re Borok, 50 F.2d 75 (2d Cir.1931); In re Simon, 279 F. 794 (D.Mass.1922). However, in 1952 a district court affirmed an attorney's fee award on the basis of general equitable principles rather than expres......
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In re Miller
...the bankrupt's discharge, taxing them personally against the bankrupt. See, e.g., In re Katz, 23 F.Supp. 431 (E.D.N.Y.1938); In re Simon, 279 F. 794 (D.Mass.1922). The reasons for this were twofold. First, it was felt that to deny the creditor reimbursement would "thwart justice and discour......
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Gelson v. Rudin, 81
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