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Haar v. Oseland

United States Court of Appeals, Second Circuit
Apr 2, 1959
265 F.2d 218 (2d Cir. 1959)

Summary

permitting compensation

Summary of this case from In re Designaire Modular Home Corporation

Opinion

No. 192, Docket 25173.

Argued March 6, 1959.

Decided April 2, 1959.

David Haar, New York City, respondent-appellant, pro se.

Charles H. Cohen, New York City (Kaye, Scholer, Fierman Hays, New York City, on the brief), for petitioner-appellee.

Before MEDINA and HINCKS, Circuit Judges, and MATHES, District Judge.

United States District Judge for the Southern District of California, sitting by designation.


On February 4, 1956, officers of the Knickerbocker Leather Novelty Co. Inc., now the bankrupt, consulted the appellant, an attorney, about its financial difficulties. A retainer of $2,500 was agreed upon. The attorney prepared and, on February 8, filed a petition for an arrangement, under Chapter XI of the Bankruptcy Act. On his retainer, he received a check for $1,000 and an assignment of accounts receivable which yielded $1,500. In May, after extensive efforts to consummate an arrangement, the contemplated arrangement failed and bankruptcy ensued. The trustee in bankruptcy petitioned under § 60, sub. d of the Bankruptcy Act, 11 U.S.C.A. § 96, sub. d, for a determination of the reasonable value of the appellant's services rendered prior to February 8 and for an order for the recovery of the excess for the benefit of the estate. Referee Stephenson allowed the appellant $200 for his pre-bankruptcy services (which was increased to $500 by the district court) and in a well-considered opinion, confirmed on review below, ordered recovery of the balance for the benefit of the estate. The order, of course, did not purport to preclude an application for an allowance as an expense of the administration of the estate.

Affirmed on the opinions below.


Summaries of

Haar v. Oseland

United States Court of Appeals, Second Circuit
Apr 2, 1959
265 F.2d 218 (2d Cir. 1959)

permitting compensation

Summary of this case from In re Designaire Modular Home Corporation
Case details for

Haar v. Oseland

Case Details

Full title:David HAAR, Respondent-Appellant, v. Orrell OSELAND, Trustee…

Court:United States Court of Appeals, Second Circuit

Date published: Apr 2, 1959

Citations

265 F.2d 218 (2d Cir. 1959)

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