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IN RE EBERT

Nos. 1560, 1561.

140 F.Supp. 597 (1956)

Matter of Karl B. EBERT and Florence R. Ebert, Bankrupts.

United States District Court D. Delaware.

April 30, 1956.

Attorney(s) appearing for the Case

C. Waggaman Berl, Jr. (of Berl, Potter & Anderson), Wilmington, Del., for petitioner, Wilmington Trust Co.

James F. Kelleher, Wilmington, Del., for trustee in bankruptcy.

WRIGHT, District Judge.

The matter before the court is on a petition of the Wilmington Trust Company to review an order of the Referee in Bankruptcy denying the petitioner's application for payment of five percent of the amount of the principal and interest due under the provisions of a mortgage as attorney's fees.

The bankrupts filed voluntary petitions in bankruptcy on August 19, 1954. On August 23, 1954, the petitions were consolidated. Among the assets...

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