Rogers v. Bank of America Nat. Trust & Savings Ass'n, 10597.
| Decision Date | 28 April 1944 |
| Docket Number | No. 10597.,10597. |
| Citation | 142 F.2d 128 |
| Parties | ROGERS et al. v. BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Matt Goldstein, of Fresno, Cal., for appellants.
Louis Ferrari, of San Francisco, Cal., and Edmund Nelson and J. A. Lazaroni, both of Los Angeles, Cal., for appellee.
Before MATHEWS, STEPHENS, and HEALY, Circuit Judges.
A conciliation commissioner acting as a referee in bankruptcy made an order awarding appellant Rogers the sum of $1,500 as attorney's fees for legal services rendered appellants Miron and Hagoohi Rustigian, bankrupts under § 75, sub.s of the Bankruptcy Act, 11 U.S.C.A. § 203, sub.s. Appellee Bank petitioned the District Court for review, and the order was reversed. Rogers and the bankrupts appeal.
The legal services involved herein were rendered in connection with an action brought (after the adjudication of bankruptcy) in the Superior Court of California by one E. B. Campbell against the bankrupts. The Bank was the assignee and successor in interest of Campbell, who had brought an action to quiet title to the farming property which together with the increment therefrom is the sole asset of the bankrupt estate. The action was defended by Rogers, who, upon oral approval of the commissioner and without a verified or any written petition therefor, associated two other lawyers with him for the purpose. After a jury verdict in favor of the bankrupts the court granted a new trial, and an appeal from its order was pending at the time of the hearing on the instant matter.
The Bankruptcy Act, § 39, sub.c, 11 U.S. C.A. § 67, sub.c, specifies that "A person aggrieved by an order of a referee may * * *, file with the referee a petition for review of such order by a judge and serve a copy of such petition upon the adverse parties who were represented at the hearing. * * *"
The authority for instigating and maintaining the review of a referee's order by a judge under § 39, sub.c, is restrictive. It is granted only to those who have immediate interests in the bankrupt estate as such and does not include those who would be indirectly affected by the order. In re Western Pac. R. Co., 9 Cir., 122 F.2d 807, 808; In re Snyder, 9 Cir., 4 F.2d 627.
In its petition for review the Bank alleged that it claimed title to the real property in the estate, that the title was the subject of pending litigation, that the rents, issues and profits from the real property constituted the...
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