LEWIS v. FITZGERALD

No. 6756.

295 F.2d 877 (1961)

Joseph P. LEWIS and William C. Murray, Jr., as partners under name and style of Lewis and Murray; and Bentley M. McMullin, Appellants, v. Thomas J. FITZGERALD, Trustee in Bankruptcy, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 30, 1961.


Attorney(s) appearing for the Case

Bentley M. McMullin, Denver, Colo., for appellants.

John W. Low, Denver, Colo., for appellee.

Before BRATTON, PICKETT and HILL, Circuit Judges.


BRATTON, Circuit Judge.

The appeal in this voluntary proceeding in bankruptcy presents for determination the question whether attorneys for the bankrupt are entitled to compensation out of the bankrupt estate for services rendered to the bankrupt in resisting objections to the granting of a discharge. The trial court decided the question in the negative.

Historically, one of the basic purposes of the bankruptcy law is to bring about a ratable distribution...

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