In re Kaufman

Citations

• 179 F. 552
• 1910 U.S. Dist. LEXIS 284

Syllabus

<p>1. Attorney and Client (§ 20*) — Creditors—Bankrupt’s Attorney — Qualifications.</p> <p>While judicial policy discourages the practice of attorneys at law acting as attorneys at the same time for the bankrupt and his creditors, there is no statutory provision forbidding a creditor to employ as his attorney the attorney who has acted as attorney for the bankrupt in the preparation of his consent to an adjudication.</p> <p>[Ed. Note. — For other cases, see Attorney and Client, Cent. Dig. §§ 27, 29; Dec. Dig. § 20.*]</p> <p>2. Bankruptcy (§ 123*) — Attorneys—Appointment—Effect.</p> <p>Where, by want of proper advice, creditors named as their agent- and attorney a person who had acted for the bankrupt, and whom mere judicial policy discourages from acting for them, the creditors should not, for that reason alone, be denied the right to a voice in the selection of a trustee.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 123.*]</p> <p>8. Bankruptcy (§ 125*) — Election of Trustee — Right to Vote — “Creditors Present.”</p> <p>At the first meeting of creditors, the majority creditors were represented hy an attorney who had represented the bankrupt in the preparation of his consent to an adjudication, and voted for one person for trustee, and the minority creditors voted for another. Held, that a ruling that the majority creditors were not present for the purpose of voting, because their attorney was disqualified to represent them, but were present for the purpose of being counted in determining whether the person voted for by the minority creditors had received the votes of a majority in number and value of the creditors present, was erroneous, since creditors are not to be counted as present merely because tbeir claims have been allowed, but must attend in person or by duly authorized agent or attorney, and those creditors who do so attend constitute the meeting, whether they constitute a majority in number and value of the claims allowed or not.</p> <