MINTZ

v.

IRVING TRUST CO., TRUSTEE IN BANKRUPTCY

Citator

Cited By

• Sec. & Exch. Comm'n v. Alan F. Hughes, Inc., 481 F.2d 401 (2d Cir. 1973)
  …cases,5 the analogy to the Bankruptcy Act is compelling. We have long held that legal services in resisting a bankruptcy petition are not compensable under that Act, see, e. g., In re Evenod Perfumer, Inc., 67 F. 2d 878 (2d Cir. 1933), cert. denied, 291 U.S. 671, 54 S.Ct. 455, 78 L.Ed. 1060 (1934), and it has not been seriously doubted that this interpretation is constitutional. Moreover, if the Constitution does not require exemption from a filing fee for an indigent who seeks to take advantage of the bank…
• Sec. & Exch. Comm'n v. Cap. Counsellors, Inc., 512 F.2d 654 (2d Cir. 1975)
  …ankruptcy petition are not compensable under that Act. See, e. g., Randolph v. Scruggs, 190 U.S. 533, 539, 23 S.Ct. 710, 47 L.Ed. 1165 (1903); In re Evenrod Perfumer, Inc., 67 F. 2d 878 (2 Cir. 1933), cert. denied sub nom. Mintz v. Irving Trust Co., 291 U.S. 671, 54 S.Ct. 455, 78 L.Ed. 1060 (1934); In re Garrett Road Corp., 256 F.Supp. 709, 713 (E.D.Pa.1966). Acknowledging that Hughes involved an interpretation of the Securities Investor Protection Act, § 6(c)(1) of which we held to have incorporated § 64…
• In re Beery v. Turner, 680 F.2d 705 (10th Cir. 1982)
  …lly rendered to the bankrupt in such amount as the court may allow. Legal services whose purpose is to defeat adjudication, however, are not compensa-ble under this section. See In re Evenod Perfumer, Inc., 67 F. 2d 878, 879 (2d Cir.), cert, denied, 291 U.S. 671, 54 S.Ct. 455, 78 L.Ed. 1060; 3A Collier’s on Bankruptcy 1602 and n.17, 1610-11 nn. 46 & 51 (14th ed.). . Rule 11-5 provides that Rule 102 applies in Chapter XI cases. . Rule 901(7) provides that the term “bankruptcy judge” means the referee of th…