175 F. 531 | 2d Cir. | 1910
Rehearing
On Petition for Rehearing.
In a memorandum banded down January 11, 1910, it was mistakenly supposed that the petition in involuntary bankruptcy, was defective, and it was thought unnecessary to examine the record. Attention has been called to the fact that the petition was correct in form because, although signed by 2 creditors only, it averred, on information and belief, that the bankrupts “have creditors less than 12 in number.” The record shows that, although correct in form, it was not so in fact; xhe affidavit of counsel showing that there are about 75 creditors. However, since there was no defect in form, the whole record may now be examined.
While thus disposing of this petition, we may add that the subject of allowances to the respective counsel is one about which the referee and the bankruptcy court, entirely familiar with the proceeding, are much better able to determine than we could possibly be. Whether one counsel should receive $75 of $100, or whether a fee of $50 should go to one or the other of two competing attorneys, is a matter resting in the sound discretion of the bankruptcy tribunals.
The petition to revise is denied.
Lead Opinion
Without reciting the numerous motions and orders, it is sufficient to say that the petitioners here, who were the lawyers who filed the first petition in involuntary bankruptcy on May 25, 1908, contend an allowance should have been made to them as attorneys for petitioning creditors, instead of to the attorneys who filed the second petition (of different creditors) on May 26, 1908. It appears from the record that the first petition. was defective, for the reason that it was filed by two creditors only, and did not aver that all the creditors of the bankrupt were less than twelve in number. We are satisfied that the decision of the special master and of the bankruptcy court, is correct.
The petition to revise is denied.