Pratt v. Bothe

Citations

• 130 F. 670
• 65 C.C.A. 48
• 1904 U.S. App. LEXIS 4199

Syllabus

<p>1. Bankruptcy — Claims op Attorneys — Allowance.</p> <p>Bankr. Act July 1, 1898, c. 541, § 60d, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3446], provides that if a debtor shall, directly or indirectly, in contemplation of bankruptcy, pay money or transfer property to an attorney, solicitor in equity, or proctor in admiralty, for services to be rendered, the transaction shall be examined by the court on petition of the trustee for creditors, and shall only be valid to the extent of a reasonable amount, to be determined by the court, and the excess may be recovered by the trustee for the benefit of the estate. Section 64b, 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447], provides for an allowance for attorney’s services rendered to the bankrupt in assisting him while performing the duties imposed by the act. Held, that section 60d was limited to the allowance of reasonable compensation to attorneys for services rendered to the bankrupt prior to the commencement of the bankruptcy proceedings, and did not cover services rendered in resisting the creditor’s petition for an adjudication of bankruptcy.</p>