97 F. 926 | W.D. Va. | 1899
The certificates of evidence by the referee in this case present two points for review, to wit; First, the amount allowed as attorney’s fee to George K. Anderson, attor
The only provision of the bankruptcy act regulating the amount to be allowed and paid out oí the estate as an attorney’s fee in cases of voluntary bankruptcy is found in section 64b, which provides for one “reasonable fee,” irrespective of the number of attorneys employed. This section evidently intended to and does vest solely in the sound discretion of the court the amount to be allowed under the circumstances of each case; and the character of the estate, its condition at the time of the adjudication, the injunctions or restraining orders necessary to be secured for its protection, and the corresponding amount of time and care required of the petitioner’s attorney, are all matters to be considered by the court in arriving at the amount “reasonable” under the circumstances. Necessarily, there fore, there can be no fixed and determinate fee for all cases, nor will the amount allowed in this case establish a rule for subsequent cases in this court, but from a careful consideration of the evidence certified by the referee herein the court deems $200, in addition to the $45.45 already allowed and paid for expenses incurred, a reasonable fee, and the order of the referee will be modified accordingly.