In re Farley

Citations

• 115 F. 359
• 1902 U.S. Dist. LEXIS 221

Syllabus

<p>1. Bankruptcy — Pleading and Practice — Partnerships — Individual Discharge-Separate Petitions and Adjudications.</p> <p>Where the members of a partnership, which files a voluntary petition in bankruptcy, desire discharges from their individual as well as firm liabilities, they should each file an individual petition, separate orders of adjudication and of reference should be made as to each partner and as to the firm, and all further proceedings should be conducted as though there were separate cases as to each partner in addition to the partnership case.</p> <p>8. Same — Fees.</p> <p>Bankr. Act 1898, § 52a, provides that clerks shall receive, as full compensation for their services to “each estate,” a certain fee; sections 40a and 48a provide that referees and trustees shall receive a certain fee “in each case”; and section 5, relating to partnership estates, treats of them as separate from those of the individual partners. Held, that where members of a partnership, which filed a voluntary petition in bankruptcy, sought and received discharge from their individual as well as firm liabilities, the clerk, referee, and trustee, respectively, were entitled to separate fees, as though there were separate and distinct cases as to each partner in addition to the partnership case, although no individual petitions were filed, and in other respects the case was improperly treated as a single matter.</p>