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· 5/3/1904

In re McCracken & McLeod

Citations

  • 129 F. 621
  • 1904 U.S. Dist. LEXIS 305

Syllabus

<p>1. Bankruptcy — Petitions—Necessity—Consolidation—Res Judicata.</p> <p>The consolidation of bankruptcy petitions filed by different creditors under order of court before the adjudication of bankruptcy, and before reference to the referee, was res judicata of the question of the necessity for the filing of the second petition, and precluded the referee from thereafter reviewing the question and holding that such second petition was unnecessary.</p> <p>'2. Same — Attorney’s Fees — Division.</p> <p>Where two bankruptcy proceedings were filed by attorneys representing different creditors, and were consolidated by order of court, as authorized by general bankruptcy order No. 7 (89 Fed. v, 32 C. C. A. xi), a single attorney’s fee should be divided between such attorneys according to the relative v¿lue of the services and amount of work done by each.</p>

Judges: Hammond

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