In Re Wood and Henderson

Citations

• 210 U.S. 246
• 28 S. Ct. 621
• 52 L. Ed. 1046
• 1908 U.S. LEXIS 1507

Syllabus

<p>Congress has the right to establish a uniform system of bankruptcy throughout the United States, and having given jurisdiction to a particular court to administer the property, that court may, in some proper way, call upon all parties interested' to appear and assert their rights.</p> <p>The bankruptcy court, or its referee, in which the bankruptcy proceedings are pending, has jurisdiction under § 60d of the bankruptcy act to reexamine, on petition of the trustee, the validity of a payment or transfer made by the bankrupt in contemplation of bankruptcy to an attorney for legal services to be rendered by him, and to ascertain and adjudge what is a reasonable amount to be allowed for such services and to direct repayment of any excess to the trustee; and if the attorney is a nonresident of the district an order directing him to show cause or a citation or notice of the proposed hearing may be served without the district.</p> <p>Jurisdiction to reexamine such a transfer was not conferred upon any state court..</p> <p>The trustee may not maintain a plenary suit instituted in the District Court where the bankruptcy proceeding is pending against such attorney upon service of process made on such attorney, if he is a non-resident of that district, outside of the district. •</p>