292 F. 898 | N.D. Ga. | 1923
Liquid Carbonic Company sold Hansen & Birch a soda fount for $2,360, a small amount only being paid, and title retained, but somewhat irregularly. December 22, 1922, a petition in bankruptcy was filed against Hansen & Birch and a receiver appointed. A trustee in bankruptcy was appointed January 19, 1923, and the stock of drugs sold to a mortgagee thereof on January 20th. On January 31st, the trustee sought leave to sell the soda fount free of liens, contending that the lien claimed by Liquid Carbonic Company was invalid. The lienor opposed the sale, asserting its retention of title to be valid, and the property worth less than the amount of the debt against it. Litigation followed, resulting in a sale for $700 in June, 1923, and in the upholding of the lien. Meanwhile the soda fount had been kept in the bankrupt’s rented store, it being a fixture expensive to move and subject to injury, and rent amounting to $400 has accrued besides commissions and other expenses of bankruptcy, the whole expense of administration appearing to be $625, and the assets other than the fund in dispute being only $225. The referee prorated the expenses of rent, insurance, advertising, inventory, and appraisement between the general fund of $225 and this special fund of $700 in dispute, assessing $310 against the latter, and assessed against it also commissions to the receiver, referee, and trustee, and one-half of the fee allowed the trustee’s attorney, all amounting to $90 more. These assessments are under review at the instance of Liquid Carbonic Company as being unauthorized and excessive.