In re Sanford Furniture Mfg. Co.

Citations

• 126 F. 888
• 1903 U.S. Dist. LEXIS 63

Syllabus

<p>1. Bankruptcy — Referees—Fees.</p> <p>Under Bankr. Act July 1, 1898, c. 541, §§ 40, 48, 30 Stat. 549 [U. S. Comp. St 1901, pp. 3436, 3439], as amended by Act Feb. 5,1903, c. 487, §§ 9, 11, 32 Stat. 799 [U. S. Comp. St. Supp. 1903, pp. 414, 415], providing that a referee in bankruptcy is entitled to commissions on all moneys distributed to creditors by the trustee, the referee is entitled to commissions on all sums which would have been paid through the trustee but for an outside agreement between the parties and their attorneys, in addition to the moneys which were actually disbursed by the trustee.</p> <p>2. Same — Property Subject to Liens.</p> <p>Where property subject to liens was sold by a bankrupt’s trustee with the consent of the holders of the liens, the referee and trustee in bankruptcy were entitled to commissions on the entire purchase price; and this though the property was purchased by the party holding the incumbrance, the orice in such case being treated as constructively paid to the trustee.</p>